Firstly, success should not be confused with a commercial compromise or a favourable court judgment.
A commercial compromise is usually not an outcome which reflects a client’s objectives or needs when they became a party to the dispute. It involves sacrifices by both parties to allow them to reach a point where consensual resolution is achieved. Thus, a commercial compromise cannot be considered a successful resolution. It’s a reserved option to evade foreseeable damage. A backup.
Whilst an enforceable court judgment is a positive outcome, it’s not always a success from the client’s perspective. Particularly, if it’s likely to sour their ongoing and profitable commercial relationship.
A successful resolution is one where the client feels that their dispute has been successfully resolved for them in the context of their needs.
Suppose, in a commercial dispute, the client has good prospects of winning in court. The client’s dispute is with a long-standing customer who is probably going through a rough period. Sure, the client should win this case at court, and secure an enforceable judgment. However, this victory is short lived. This is because the favourable court judgment is unlikely to meet the clients “need” to preserve and hopefully grow the trading relationship with their customer.
Accordingly, success in dispute resolution is when you’ve achieved a desired outcome for your client and one they are happy with.
