When a dispute arises, the immediate question is often whether to settle or fight. In practice, the better question is: which route best protects the business, having regard to risk, cost, timing, commercial relationships and the likelihood of recovery?

When commercial relationships break down, the critical question for leadership is often the same: do we settle — or do we fight? In 2025, this decision carries more complexity than ever before. Courts expect early engagement. Litigation costs are rising. And the scrutiny from investors, regulators and the media is more intense.