The cheapest dispute is the one that closes early.

Conciliation and negotiated settlement, used before positions harden and costs start to run.

Acting before the file grows

Every dispute has a window at the start where it can be resolved for a fraction of what it will cost later. Positions have not been publicly taken, no proceedings have been issued, and both sides still want the commercial relationship to survive.

That window closes quickly — usually the moment somebody writes a letter they cannot walk back from.

Employment matters

Almost every employment claim must pass through Acas early conciliation before a tribunal claim can be issued. The conciliator contacts both sides, nothing is binding unless agreed, and the clock on the claim’s time limit pauses while it runs. A large proportion of matters settle here.

Commercial matters

There is no compulsory conciliation step in most commercial disputes, but the courts expect parties to have attempted resolution before issuing proceedings, and can penalise a party who unreasonably refused. Structured negotiation or mediation is usually both the cheaper and the safer course.

How we approach it

When to stop conciliating

Not every dispute should settle. Where the other side’s position is unreasonable and the merits are strongly with you, continuing to concede simply invites more. Part of our job is telling you when that line has been reached.

What this covers

In detail

How we help.

Early assessment

The merits reviewed before anything is written that cannot be withdrawn.

Negotiation

Conciliation and settlement talks conducted on your behalf, within an agreed range.

Documenting it

Settlement recorded so the claims are actually released and the matter is closed.

FAQ

Common questions.

Is conciliation compulsory?
For most employment claims, notifying Acas is a mandatory step before a tribunal claim can be issued, though participating in the discussions is voluntary. In commercial disputes it is not compulsory, but unreasonably refusing to attempt resolution can affect costs later.
No. Courts and tribunals expect it, and a party who engages sensibly is in a better position on costs than one who refuses.
Correspondence genuinely aimed at settling a dispute is generally protected and cannot be shown to a tribunal or court. The protection has limits, which is why it is worth taking advice on how the first letter is framed.
Acas early conciliation runs up to six weeks and can be extended by agreement. Commercial negotiations vary, but most matters that will settle do so within a few weeks of serious engagement.

Related

Other areas you may need.

Contract Management

The full practice area this sits within.

Contract Analysis

A related service in the same area.

Contract Drafting

A related service in the same area.

Get in touch

Tell us what you are dealing with.

Office

London, United Kingdom