Dispute Resolution 101: Gather ye documents while ye may

Dispute Resolution 101

Gather ye rosebuds while ye may.

Or in this case, your documents and materials pertinent to any undertaking you participate in. You never know when they will help you resolve a dispute or a difference in opinion. In any event, it is good to have all materials in order, whether or not the need should arise.  

We say this because in any undertaking, whether legal, commercial, social and/or personal, things can go south and one may find that one has no recourse in resolving disputes but to seek redress from the other party for breach.

Whether this results in litigation or some other form of alternate dispute resolution, it is important that one keeps track of and maintains a paper trail of all the activities of the undertaking.

Due diligence is key. 

As a matter of good practice, always backup and save all documentary correspondence, letters, emails, chat histories, phone logs. Make contemporaneous notes for file of all verbal discussions and agree with the other party to confirm verbal discussions by sending out an email to confirm what was discussed and/or agreed verbally. Save images, photos, quotations, work orders, job memos, invoices, receipts, and notices et al. Everything.

Evidence is king. 

Then hire a lawyer who can help bring your case forward.

He who asserts must prove, and if you involve the court and judicial system in resolving your dispute, the courts will need to examine all the available evidence to adjudicate the dispute as best as they can.

Ever onward — at Messrs Varghese & Co.

Be Careful of What You Promise. Words carry weight.

Words carry weight. Be careful of what you write, what you say, and what you promise.

Conduct your due diligence before you agree to anything or sign away any of your rights. This necessarily means appoint a lawyer for advice and guidance, before doing something you are unsure of, rather than wait till after something has happened. Prevention is better than cure.

Caveat Emptor. Buyer beware. Think and Act. Fikir dan Tindak.

Appoint a lawyer for all your legal advisory, assistance and representation needs. You may look at the Malaysian Bar Directory to find one that is the best fit for you.

You can also look for us — at Messrs Varghese & Co.