Business disputes can arise suddenly and leave you feeling like your company is vulnerable to legal attack. Your first course of action should involve shopping around for the right commercial litigation lawyer to get professional legal advice. Below are seven ways you can avoid commercial litigation and come to a resolution of a dispute.
1. Gather the Facts
When serious disputes arise it is time to set emotions aside and gather all the facts possible. It is easier to determine a course of action when you have a clear picture of what happened to bring the dispute about. It can help bring information to light that can better resolve the dispute without going to court.
2. Understand the Position of the Other Side
You do not have to agree with the other side to request clarification of their position. What are they wanting? What is the objective of any potential litigation? The more you confirm about the wants of the other side, the better you can see how negotiations might meet with success.
3. Consult Experts
The situation may require the assistance of experts to help come to a resolution. Consult with experts in the field, or regarding any portion of the disputed service, product, or contract. Get the legal advice of a commercial litigation lawyer if it seems that things are progressing towards a lawsuit.
4. Know Your Rights
Find out what your legal standing is in a serious dispute. Is the law that governs the situation going to be on your side, or will it fall in favor of the party bringing an action against you? Take time to research this carefully to make wise choices.
5. Keep Clear Lines of Communication Open
Find a way to keep a clear line of communication open during the entire process. Allow time for cooling off if tempers flare. A large number of problems can be resolved through simple, consistent communication. What might seem like an impossible situation can suddenly resolve with little warning through open lines of communication.
6. Research the Cost and Amount of Time Involved In Your Type of Case
Dispute litigation can take years and cost thousands of dollars. You may, or may not be on the winning side. Even if you were to win the case, can you afford the lost time and legal fees in fighting a dispute through the court process?
7. Consider Arbitration
Arbitration can be a simpler, more cost-effective way of coming to an agreement with a serious dispute. Both sides might have to give a little, but it can end up with positive results that allow everyone to move on and go forward. It eliminates the more costly court litigation process.
Any commercial litigation lawyer will tell you that finding ways to fairly resolve disputes without going to court is always the better way. You can both walk away feeling that it was an equitable way to end what could have been a long, drawn-out legal battle.