Litigation and Dispute Resolution

Disputes and legal proceedings are generally considered expensive, unpredictable and inefficient – the opposite of profitable business activity. For a company, disputes and legal proceedings are nevertheless a part of the cost of conducting business. Efficient dispute management may reduce costs at the same time as the "returns" increase.

Efficient dispute management assumes that the lawyer as soon as possible gains control of the facts and the legal aspects of the matter. Without such control, it is not possible to correctly analyse the probable outcome of a potential court hearing (litigation risk analysis) and prepare the right dispute resolution strategy. That the lawyer early on spends time gaining control of the facts is a necessary cost. However, the costs may be reduced if the lawyer and the client work on the same "platform". Wiersholm facilitates this with our innovative digital collaboration platform, Dispute Control. Through this platform, the client may upload relevant documentation both before and during the implementation of the engagement, within the framework of our tried and tested dispute resolution methodology.

It is our contention that it is "impossible" to make rational business decisions relating to whether or not a dispute should be settled or litigated before the courts without being able to understand, realistically quantify and meaningfully communicate litigation risks and costs.

Wiersholm facilitates this using tried, tested and recognised risk analysis methods, and "expected value" calculations.

Most disputes are amicably settled. The primary focus should therefore be to ensure that the parties meet for successful negotiations, and at the same time prepare for potential legal proceedings. Wiersholm has extensive experience in facilitating settlement negotiations – either through assisted negotiations (mediation) or directly between the parties.

If settlement at an acceptable level cannot be achieved, we litigate the dispute with one goal in mind: To win! By communicating to the court a consistent history supported by evidence, we prepare the ground for positive results. This requires good preparatory procedures and rhetorical skills, which Wiersholm's more than 60 dedicated lawyers, the largest dispute resolution environment in the Nordics, master - no matter what industry and field the relevant dispute arises from.