Facts have to be marshalled and presented in a persuasive way to have the best impact. This applies as much to the initial stages of a dispute and to negotiations as it does to a contested hearing. Failure to deal with a dispute carefully in the early stages may throw away the opportunity to resolve the dispute with an exchange of letters and it may become the subject of unnecessary, but very expensive, dispute resolution.

It is vital to set out in correspondence at an early stage a clear and effective version of one’s claim. Although nothing much more than a good letter is needed to do this, it should be a good letter, even if it takes much work and time to compose it.