Disputes

How long does a commercial dispute take to resolve?

There is no standard length for a business dispute. The route chosen, the willingness of both sides to talk and the court timetable matter far more than the amount at stake.

Last reviewed 27 September 2026

One of the first questions a business asks when a dispute arises is how long it will take. The honest answer is that it depends on the stage at which the dispute is resolved. Many disagreements settle within weeks through correspondence or negotiation; a small proportion go all the way to a trial and can take much longer.

Understanding the usual stages helps you plan, budget and decide when an early commercial settlement might be worth more than holding out. The stages below reflect the general framework for civil disputes in England and Wales.

This guide is general information only and not legal advice on any particular dispute. Timings vary widely and no outcome or duration can be promised.

Stage one: informal discussion and correspondence

Most disputes begin with direct contact between the businesses. If this does not resolve matters, one side will usually set out its position formally in writing. At this stage the timeline is largely in the parties' own hands and can be a matter of days or weeks.

Clear, well organised correspondence at this point often shortens everything that follows, because it narrows the real points of disagreement and makes it easier for each side to assess risk.

Stage two: pre-action steps

Before issuing a court claim, parties are expected to follow pre-action conduct rules. This normally means a letter before claim explaining the claim, a reasonable period for the other side to respond, and an exchange of key documents. The courts expect the parties to consider settlement and alternative dispute resolution before going to court.

Response periods depend on the type and complexity of the claim, commonly ranging from around fourteen days for simple debt matters to longer for complex disputes. Failing to follow these steps can lead to cost consequences later.

Stage three: negotiation and mediation

Negotiation and mediation can take place at any point, including after proceedings have started. A mediation is often arranged within weeks once both parties agree, and a single day can resolve issues that have dragged on for months.

Settlement is not an admission that one side was wrong. It is a commercial decision that weighs the cost, management time and uncertainty of continuing against what is on offer now.

Stage four: court proceedings

If a claim is issued, the court allocates it to a track based mainly on value and complexity. The small claims track is the quickest and simplest; the fast track and intermediate track have more structured timetables; the multi-track covers larger and more complex disputes and generally takes the longest.

After allocation the court sets directions for exchanging documents, witness statements and any expert evidence before a trial. Court workloads also affect timing, so dates can move. Many claims still settle during this stage, often after documents have been exchanged and each side can see the evidence.

What speeds things up or slows them down

Disputes tend to move faster where the contract is clear, the documents are organised, the amount is modest and both sides engage early. They slow down where facts are disputed, expert evidence is needed, there are several parties, or one side is slow to respond or does not engage.

Contract terms can also dictate the route, for example by requiring escalation meetings, expert determination or arbitration. Checking the dispute resolution clause early prevents wasted steps.

Key points

  • Duration depends mainly on the stage at which the dispute is resolved.
  • Pre-action steps are expected before a court claim is issued.
  • Mediation and negotiation can happen at any stage, even after issue.
  • Court track and court workload strongly affect the timetable.
  • Check the contract for a required dispute resolution process first.

Frequently asked questions

Can a business dispute be resolved without going to court?
Yes. Many disputes are resolved through correspondence, negotiation or mediation, and the courts expect parties to consider these options before and during proceedings.
Does a larger claim always take longer?
Not always, but higher value and more complex claims are usually allocated to tracks with fuller procedures, which tend to take longer if the matter does not settle.
Can I be penalised for skipping pre-action steps?
The court can take a failure to follow pre-action conduct rules into account, including when deciding who pays costs.
Is this guide legal advice?
No. It is general information about dispute timelines in England and Wales. Take advice on your own dispute before acting.
Get in touch

Talk through your situation

Founder-led commercial legal advice for startups, technology companies and scale-ups. Clear scope, agreed fees, direct access.