Service 02 · Commercial Disputes
A clear view of where you stand before you decide what to do about it
When a commercial relationship breaks down, the first question is not which route to take — it is what the documents actually support. The assessment starts there and sets out the options with their likely costs and durations.
← Return to Home§ 01
What This Service Provides
A written position assessment that states the weaknesses as well as the strengths
The output of this engagement is a written assessment of your position in the disagreement — based on the documents, not on your account of events alone. It sets out what the documents support, what they leave uncertain, and what the options are for resolving the matter.
Each option — negotiation, mediation, formal proceedings — is covered with an estimated cost range and likely duration. The recommendation, where one is given, takes account of both the strength of the position and the practical reality of pursuing it.
Where the assessment is that settling or leaving the matter would serve you better than pressing forward, that is stated plainly. The purpose of the assessment is to give you a reliable basis for the decision, not to validate the position you arrived with.
§ 02
The Situation
Commercial disagreements are difficult to assess from inside them
Situation A
The contract does not clearly resolve the disagreement
Many commercial contracts are written with the expectation that the relationship will continue smoothly. When it does not, the same contract may support both sides' reading in different respects. Identifying which reading is more likely to hold is the starting point.
Situation B
The correspondence has complicated the position
Email exchanges, meeting notes and informal agreements made during the relationship can affect what the contract now means. They may help your position, or they may not. The review considers both the contract and the correspondence together.
Situation C
The cost of pursuing the matter is uncertain
Formal proceedings can be expensive and slow. Without a realistic sense of what each route costs and how long it takes, it is difficult to decide whether pressing the matter is proportionate to what is at stake.
Situation D
The relationship may still have value
Some commercial disagreements arise between parties who would prefer to continue working together. In those cases, the route chosen matters as much as the outcome. The assessment takes this into account.
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The Approach
Assessment from the documents, not from a favourable reading of the facts
The assessment begins with the contract and the documents that exist — correspondence, invoices, meeting records, any written acknowledgments. The position is formed from what those documents say, including where they are unhelpful.
From that basis, the available routes are considered: direct negotiation and what it requires, mediation and how it works in the Japanese commercial context, and formal proceedings with a realistic view of timescale and cost at each stage.
The written assessment includes a recommendation, stated with its reasoning. Where the recommendation is to settle or to let the matter rest, the reasons for that view are explained as clearly as they would be for any other course of action.
Term Key
Mediation (調停)
A procedure in which a neutral third party facilitates a negotiated settlement between the parties. Less formal than proceedings and typically faster. The result is binding only if both parties agree to it. Available through the courts and through certain industry bodies.
Civil Proceedings (民事訴訟)
Formal litigation before the district or summary court depending on the amount in dispute. The process follows set procedural steps and typically takes twelve to twenty-four months at first instance. A judgment is enforceable but can be appealed.
Position Assessment
An analysis of your legal and practical position in the dispute based on the available documents. It covers what you can likely establish, where your position is weaker, and what the options are. This is the written output delivered at the end of this engagement.
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The Process
How the engagement proceeds
Initial description of the matter
Use the contact form to describe the disagreement briefly — who the other party is, what the dispute concerns, and what documents exist. A reply will confirm whether this falls within scope and what to send.
Documents submitted
The contract, relevant correspondence, invoices, and any other written records are sent. The assessment is based on these. The more complete the documentation, the more reliable the assessment.
Assessment prepared (weeks one to three)
The position is assessed against the documents. This typically takes two to three weeks. Where a point needs clarification before the assessment can be completed, a question will be sent.
Written assessment delivered
The written assessment is provided. It covers position, options with cost and duration, and a recommendation. Questions on the written content can be raised once you have had time to consider it.
§ 05
Fee Structure
Commercial Dispute Advisory
Fixed Fee Engagement
Written position assessment based on the documents provided, stating weaknesses as well as strengths
Cost estimate per route — negotiation, mediation, formal proceedings — with likely duration for each
A recommendation, stated with its reasoning, which may include settling or leaving the matter
Follow-on questions on the written output included
Circumstances
This fixed fee applies to a single commercial dispute with a defined counterparty and a manageable volume of documents. For matters involving multiple parties or an unusually extensive document record, the scope is confirmed before the engagement begins.
Timeline
Two to three weeks from receipt of documents
§ 06
Scope and Limits
What the assessment covers and what it does not
The assessment covers the position as it stands at the time of the engagement, based on the documents provided. It does not predict outcomes — formal proceedings in Japan involve procedural and judicial discretion that cannot be accurately forecast in advance. What it can do is set out the range of likely outcomes based on how comparable matters have proceeded.
If the assessment leads to a decision to pursue formal proceedings, that is a separate engagement and would be agreed separately. The advisory service ends with the written assessment and any follow-on questions arising from it.
The assessment is conducted in English. If the original documents are in Japanese, that does not prevent the review, but it should be mentioned at the outset so the scope can be confirmed.
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Commitment
What you can expect from this engagement
The scope of the engagement is agreed before the work begins. If the matter is outside what this service covers — for example, if it involves areas of law beyond commercial contract, or requires urgent procedural steps — that is identified in the initial exchange.
The written assessment will reflect the documents as they are, not as you may have wished they had been drafted. A clear view of a difficult position is more useful than a more comfortable reading that does not hold under pressure.
The initial exchange carries no obligation. It is an opportunity to describe the matter and receive a considered reply on whether and how this service can assist.
§ 08
Next Steps
How to proceed
Step 1
Describe the matter using the contact form — who the counterparty is, what the disagreement concerns, and roughly what documentation exists. A brief description is sufficient.
Step 2
A reply will confirm what to send and set out the scope. The documents are then submitted and the assessment begins within the agreed timeframe.
Step 3
The written assessment is delivered. It covers your position, the available options with cost and duration, and a recommendation. Questions on the content are addressed once you have reviewed it.
§ 09
Describe the dispute
If you are in a commercial disagreement and are not certain whether to pursue it, settle it, or let it go — a written position assessment based on the documents is a reasonable starting point. The contact form is below. There is no obligation in making contact, and the initial exchange will confirm whether what you need falls within what is offered here.
Send an Enquiry§ 10
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