Resolving Business Disputes

Stephen Bate practised as a barrister for approximately 30 years in civil and commercial disputes. He left 5RB Chambers in 2017 and now practises full-time as a mediator and arbitrator.In his barrister work, Stephen acted in many high-profile cases in the media and entertainment sphere, for which he was consistently highly commended in the legal directories. He also advised and represented clients in a wide variety of other commercial disputes.Stephen qualified as a mediator in 2003 with CEDR and has now been mediating (in excess of 150 appointments) for 15 years across a wide range of business disputes. He is a member of CEDR Chambers.Stephen has also been a Chartered Arbitrator since 2007 and has since been appointed by courts, appointing bodies and parties in a wide range of domestic and international arbitrations. His arbitration practice is carried on from ArbDB Chambers. He also sits as a legal assessor, advising tribunals on disciplinary law: see at www.independentlegalassessors.co.uk.Stephen has co-authored a number of legal textbooks, namely The Law of Privacy and the Media (OUP) 2015, Satellite Communications in Europe: Law and Regulation (Sweet & Maxwell) 1996 and Video Law (Sweet & Maxwell) 1994.

• PREFACEINTRODUCTION1. BUSINESS DISPUTES – THE PROBLEM EXPLAINED2. THE LAW: RIGHTS AND REMEDIES2.1. RIGHTS2.2. REMEDIES3. BINDING DECISIONS3.1. INTRODUCTION3.2. LITIGATION: COURT PROCEEDINGS3.3. NON-PAYMENT; IS THERE A DISPUTE AT ALL?3.4. OTHER TYPES OF BINDING DECISION3.5. LITIGATION, ARBITRATION AND EXPERT DETERMINATION COMPARED4. WHO WILL WIN?4.1. INTRODUCTION4.2. FINDING THE FACTS4.3. FORECASTING: ADVICE ON THE LITIGATION OUTCOME4.4. THE TRIAL: JUDICIAL DECISION-MAKING AND THE TRIAL OUTCOME4.5. CONCLUSION5. LAWYERS, THEIR FEES AND LEGAL COSTS5.1. INTRODUCTION5.2. FUNDING YOUR OWN COSTS5.3. COSTS-SHIFTING ORDERS5.4. 'INSURING' LEGAL COSTS EXPOSURE THROUGH COURT PROCESSES5.5. COMPARISON WITH ARBITRATION AND EXPERT DETERMINATION6. SETTLEMENT6.1. INTRODUCTION6.2. WHAT DISPUTES AND CLAIMS ARE BEING SETTLED?6.3. FURTHER LEGAL REQUIREMENTS6.4. SETTLEMENT AND BROADER COMMERCIAL TERMS6.5. PAYMENT TERMS6.6. CONFIDENTIALITY AND AGREED STATEMENTS6.7. DISPUTE RESOLUTION PROCEDURES6.8. INTERNATIONAL ELEMENTS6.9. SETTLEMENT DURING LEGAL ACTION6.10. RIGHTS UNDER THE SETTLEMENT AGREEMENT6.11. SETTLEMENT AND UNCERTAINTY6.12. ROUTES TO SETTLEMENT7. NEGOTIATIONS7.1. INTRODUCTION7.2. THE CONTEXT7.3. MEDIATION: ADVANTAGES.7.4. CONDUCT OF THE MEDIATION7.5. CONCLUSION8. OBJECTIVES AND STRATEGY8.1. OBJECTIVES8.2. DISPUTE STRATEGY8.3. THE ROLE OF LAWYERS8.4. COVID 19 – CONSIDERATIONS9. MAKING THE DECISION9.1. UNCERTAINTIES9.2. IDENTIFYING AND BALANCING THE CONSIDERATIONS9.3. DECISION FRAMES, BIASES AND OTHER BEHAVIOURS9.4. MAKING THE DECISION9.5. CONCLUSIONAPPENDIX 1 – LITIGATION1. INTRODUCTION AND PRE-LITIGATION PROCEDURES2. THE START OF LITIGATION AND UP TO TRIAL3. TRIAL4. APPEALS, ENFORCEMENT AND ASSESSMENT OF COSTS5. OTHER COURTS AND TRIAL SCHEMES6. THE WITHOUT PREJUDICE RULE AND OTHER FORMS OF PRIVILEGE.APPENDIX 2 – COMPARISONS: LITIGATION, ARBITRATION AND EXPERT DETERMINATION1. LITIGATION2. LITIGATION AND ARBITRATION COMPARED TO EXPERT DETERMINATIONREADING LISTINDEX