Dispute Resolution
Disputes are part of commercial life but a litigation lawyer is often seen as the lawyer of last resort - the lawyer to whom you turn when all else fails. We see our role as being slightly different. We aim to help with the misunderstandings and focus on solving the problem in a way that helps you get back to business as quickly as possible. We know you want to speak to clients and customers rather than to lawyers. It’s our job to help you achieve this in the way that suits you best.
The MBM Dispute Resolution team has developed a niche in pursuing financial institutions on behalf of small and medium size businesses wronged by their bank, or other financial institutions. Click here for more information about this service and case studies.
There are a number of tools at our disposal to help you with this. We provide a bespoke service helping you to select the appropriate tool to achieve your goal. We provide advice and assistance with:
Our clients tell us that they value the fact that we know which battles to fight and which points to concede. We are committed to fighting your corner but aim to do so in a way that maximizes results. We avoid becoming positional and entrenched, but instead deliver clear constructive proposals focusing on interests rather than positions. We regard positive and productive negotiation as the corner stone of what we do, and our clients commend us for our expertise and patience.
We have extensive experience of mediation which we regard as an invaluable alternative to court. Costing a fraction of litigation in terms of money and time, mediation has a high success rate in resolving disputes and helps parties to keep control over the outcome whilst focussing on the future and maintaining working relationships. Within our team we have a qualified mediator, who is accredited on the Scottish Mediation Register and who provides mediation services to a number of organizations. We also have a wealth of experience of guiding clients through mediation, and can help with selecting a mediator, preparing for mediation, and if you would like us to do so, assisting you at mediation.
Parties in a dispute may agree to refer a dispute to arbitration. Our team has considerable experience of representing clients at arbitration and have the necessary skills to guide you through the process in an effective and helpful way.
Sometimes, litigation is necessary. We have the expertise to advise you on when and where to raise proceedings, and when and how to defend claims. If you find yourself embroiled in a dispute and in court, we can offer behind the scenes advice which is informed and practical. We can also represent you in the courtroom where we have helped our clients win major cases. We have extensive practical experience of litigating in all the Scottish Courts and can guide you through the process as constructively as possible.
- Specialist advocacy services
Within our team we have a Solicitor Advocate who spent 10 years practicing at the Scottish Bar before joining us. With extended Rights of Audience in the Court of Session, House of Lords and Privy Council, she regularly undertakes written and advocacy work in the Commercial Court at the Court of Session. If you need to be in court we can instruct counsel to represent you, or offer a “one stop shop” where all your legal advice is provided under one roof. The choice is yours.
Our Dispute Resolution Services:
A contractual dispute arises when somebody refuses to do something they agreed to do. If so, you need to find some way to either persuade them, or force them to perform. The MBM Dispute Resolution Team has spent many, many hours, persuading, cajoling and forcing businesses to live up to their contractual obligations. We have forced companies to pay for goods supplied; we have forced companies to compensate clients who received faulty goods, or shoddy service; we have persuaded vendors to pay up on warranties in Share Purchase Agreements, and we have cajoled banks to take their customer’s complaints seriously. In everything we do we focus on our client’s commercial objectives in order to resolve the dispute and get them back to talking with their customers, and not their lawyers.
- Intellectual Property Disputes
In the digital age of ideas for many companies the value in their business is contained in ideas, software, images and brands. It’s their “Intellectual Property” that’s important, not goods and widgets. It is often easier for competitors to “steal” or in some other way “misuse” intellectual property to the detriment of the owners business. The MBM Dispute Resolution Team has acted for clients in protecting their intellectual property. Working with specialist counsel and patent attorneys, we have obtained court orders to stop competitors selling copy goods, orders to force competitors to deliver up copy goods and orders to prevent competitors breaching our client’s trade marks.
- Claims against Financial Institutions
It is difficult for many law firms to act against financial institutions who historically have provided lawyers with a large percentage of their fee income. Few firms want to bite the hand that has fed them, and may still feed them in the future. Because we seldom act for large financial institutions, the MBM Dispute Resolution Team is able to bring claims against those institutions where many firms are unable or unwilling to do so. We have recovered losses from a bank arising from the bank’s negligence; we have recovered improperly charged fees; we are currently acting for a number of clients suing an insurance company, seeking recovery of losses resulting from that company’s negligence; and we are currently instructed by a client whose bank “changed its mind” on a funding proposal, having already committed to making the advance.
A property dispute can arise when a person stops paying a loan secured over a property or otherwise defaults in a mortgage obligation; when a tenant refuses to pay rent or breaches a term of the lease; or when a client suffers a loss because the loan was based on false or misleading information. The MBM Dispute Resolution Team can help. We persuade borrowers/tenants to bring their payments back on track or to make good the default. If they do not, we compel them to do so by obtaining a court order to repossess the property, to pay the debt or to perform the obligation. We have also identified those responsible for causing "loss" to our clients, including surveyors and solicitors, and pursued them.
- Debt Recovery and Insolvency
In an economic downturn it is imperative that creditors make full and effective use of the remedies available to them and the MBM Dispute Resolution Team can provide a tailored service for the recovery of debts at all levels. We can engage the debtor in direct negotiation; raise court proceedings for debt recovery of sums with interest and expenses; assist you in taking enforcement action once the court rules in your favour, including arresting bank accounts; and as a last report starting insolvency or bankruptcy proceedings. We also have a wide range of industry contacts including sheriff officers, insolvency practitioners and private investigators who can help you gain the upper hand when pursuing elusive debtors.
Client Testimonials
The Dispute Resolution Team
Cat MacLean - Partner
Neil Morrison - Solicitor
Lynne Arnott - Associate
Iain McDougall - Solicitor
Liina Tulk - Trainee Solicitor
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