[SMK] Social Media Knowledge


Five things to do when a Legal Dispute Looms

The way in which you manage a dispute in its early stages can set you up for success or failure. 

Identifying and dealing with potential disputes early may help negotiate a settlement 

Below are five things everyone should keep in mind if their legal skies are clouding over.

1. Understand your contract

This allows you to implement it properly to comply with all of the obligations it imposes. Countless disputes could be avoided if parties did this from day one.

When a dispute arises, review the contract carefully before making any threats or claims.

In the absence of a written agreement, make sure you understand what has been agreed informally (and by whom).

2. Communicate!

Be honest.

Disputes often arise from a failure to communicate. If you anticipate having difficulties honouring your obligations, often the best approach is to notify the other party in advance.

But – don’t say too much. Avoid making comments which could later be construed as admissions.

3. It’s all about the documents…

Remember that relevant documents exchanged between the parties must be disclosed to the court if a legal proceeding eventuates. Keep these documents in a central place so that they can easily be located when needed.

Don’t put anything in an email that you wouldn’t put in a formal letter. Conversely, don’t destroy any documents or records.

Makes file notes of meetings, conversations and negotiations. If necessary, send a follow-up email summarising what was discussed and agreed.

4. Brief lawyers early

A good lawyer can assist you in corresponding with the other party and can advise about your prospects of success.

A carefully considered advice on merits can inform your approach when negotiating.

5. Consider a pre-litigation mediation

Litigation is time-consuming and expensive. It is often beneficial to attempt to resolve a dispute early.

Your contract may provide guidance as to the dispute resolution process which should be followed.

Mediation is one option. Others include arbitration, neutral evaluation and/or expert determination.

If you agree to mediate, be clear about what will and won’t be discussed or negotiated.


David Kelly is the founder of KHQ Approved, a fixed fee commercial contract review service. Peace of mind from an experienced team for a reasonable price.

Learn with SMK W/C 4th July 2022

Start your SMK: Digital Excellence 30-day free trial today and unlock unlimited, on-demand access to hundreds of hours of digital masterclasses, training courses and hands-on tutorials.

Your risk-free trial offers the perfect opportunity to expand and upgrade your digital intellectual property.

Each month SMK releases 30 hours of new and updated social media and digital marketing educational course content, ensuring you never get left behind – be it on digital strategy, tactics or implementation.

Alongside this, SMK offers live help and support weekly within the SMK Working Group. It might be a quick fix or the root of a bigger problem; either way, a problem shared is a problem halved. On a day-to-day basis, SMK’s team gives you hands-on support and fresh ideas.

Not to mention a shoulder to cry on, occasionally

SMK Labs running this week

Mon 4th July: Member Clinic from 1 pm – 2 pm AEST

  • Live help and support from SMK’s team of analysts
  • Book in to request a personalised discussion for 15 or 30m via Zoom within the Facebook Working Group

Tues 5th July: Member Clinic from 1 pm – 2 pm AEST

  • Live help and support from SMK’s team of analysts
  • Book in to request a personalised discussion for 15 or 30m via Zoom within the Facebook Working Group

Thurs 7th July: 2022 Social Media Strategy Optimisation, 10 am – 12 pm AEST

  • Module Three in SMK’s updated and expanded 2022 Social Media Strategy Optimisation strategy course 

Fri 8th July: Digital Design for Non-Designers: 10 am – 12 pm AEST

  • Module Three in SMK’s Digital Design for Non-Designers, helping businesses maximise creative results 

Leave a Comment