One of the biggest surprises in commercial disputes is that “I’m right” does not always translate into a clean outcome. You can have legal rights and still end up under pressure because of evidence, timing, cost, and risk.
In this video, Michael Scherini is joined by barrister Sverre Gunnersen to unpack why disputes often play out this way, and what actually tends to move matters towards resolution.
In practice, outcomes are influenced by what you can prove, not just what you believe happened. Documents, emails, invoices, variations, and the sequence of events often carry more weight than recollection.
Commercial reality also matters. A party may have a good legal argument, but limited appetite to fund a long dispute. Another party may push hard because delay gives them leverage. Sometimes the “best” outcome is the one that stops the bleeding and protects the business.
This is why early strategy matters. How you communicate at the start, what you put in writing, and the steps you take can shape the dispute later. Poorly chosen messages can become exhibits.
In many matters, negotiation works when there is a realistic overlap. When it does not, formal processes may be needed. That might involve mediation, structured settlement discussions, or litigation if the parties are too far apart on facts or risk.
The point is not to litigate for drama. It is to get control of the situation and move towards an outcome that is commercially sensible.
How Scherini Lawyers can help
Scherini Lawyers advises Melbourne businesses on dispute strategy, negotiation, dispute resolution, and commercial litigation where required. Call 03 9961 3149 or email info@scherinilawyers.com.au.
