Alternative Dispute Resolution - We help you resolve disputes
Most companies will over time become involved in disputes. Regardless whether a dispute is simple or complex Legally Speaking will help you manage the dispute from the outset in a cost effective and efficient manner. This includes:
- Assisting you to strategically manage disputes
- Representing clients at mediations
How do we do this?
We are experienced litigators and mediators with practical commercial experience. As such we are uniquely placed to assist you to:
- Identify the nature of the dispute and all protagonists involved in the dispute;
- Strategise the various options to resolve the dispute efficiently, cost effectively and where possible avoid litigation;
- Implement the agreed strategy.
The Board of a company were concerned that the Chief Executive Officer was not implementing the strategic plan of the company as agreed 18 months previously. They felt that this could be a deliberate act to undermine the authority of the Board. We were asked by the Board to help avoid where possible a major dispute erupting between the Chief Executive Officer and the Board.
- Were they satisfied that the current agreed strategy was the appropriate strategy for the company?
- Were they aware of why the CEO was not implementing the agreed strategy i.e. was there a good commercial reason for doing so?
- Was the CEO an asset to the company or were they unhappy with his performance in general?
- If the matter could be resolved amicably would the Board and CEO be able to trust each other and work together going forward?
In this particular case, the Board acknowledged that there had been a lack of communication between the Board and the CEO for sometime, They had not fully discussed the implications of failure to implement the strategic plan with the CEO and indeed had not reviewed the strategic plan since it was agreed. We therefore worked with the Board to create a framework within which to discuss the issue with the CEO, identify whether the CEO was acting in good faith and in the best interest of the company and to determine which steps to take based on their findings. In this case it was discovered that the CEO was in good faith, was acting in the best interests of the company and had there been better communication between the Board and the CEO this would have been easily recognized. As a result the company instituted better processes around Board and CEO communication and strategic planning processes.