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Commercial Dispute Resolution

commercial-disputeBusiness disputes can make your company less productive, drain your resources and harm your bottom line. The costs of litigation — including time away from your business and potential damages — can add up quickly.

To resolve conflicts while avoiding formal lawsuits, many company owners and executives turn to commercial dispute resolution. In dispute resolution, businesses work with a neutral third party — often a trusted attorney — to expedite dialogue between the involved individuals or businesses.

The goal of commercial dispute resolution is negotiating modified contract provisions or other agreements that meet the business needs of all parties.

Benefits of Commercial Dispute Resolution

Dispute resolution processes offer a number of advantages in bringing closure to business conflicts. In many cases, dispute resolution costs less and takes less time than going through conventional legal channels.

With both sides invested in coming to agreement on a solution, the process has a greater chance of mutual success. As a business owner or executive, you may feel that you have more control by using commercial dispute resolution, and you can benefit from the increased flexibility that dispute resolution affords.

The resolution process typically begins with negotiation, in which the two parties meet and attempt to settle their differences and reach a mutually acceptable agreement. Your commercial attorney can assist you in beginning and navigating the negotiation process to a successful conclusion.

Will Commercial Dispute Resolution Work for You?

Regardless of your industry or type of business, dispute resolution can serve as an efficient and cost-effective method for resolving conflicts.

Disputes may involve issues like debts related to a business, incorporation and startup concerns, real estate and other business assets, and administration of corporate stocks. Dispute resolution also can address internal issues such as disagreements between employees and management.

Dispute resolution can deal with any business problem for which you might consider suing. You and your legal team can handle the problem wholly outside the courtroom, or you may be advised to consider some degree of direction from the court system.

At the end of the dispute resolution process, your attorney may prepare legal documents to request a formal court order to legitimize the agreement.

Methods for Resolving Conflict

Your attorney will inform you about the various types of dispute resolution methods and recommend the best tactics for settling your specific business conflict.

One of the most-used methods is mediation, which involves an unaligned third party facilitating discussions between both sides to achieve resolution. In mediation meetings, you’ll explain the issue from your perspective, including the harm that you feel has occurred to your business interests.

You’ll also hear from the other party, and the mediator will provide assistance as needed to help you reach agreement. The mediator does not make a decision but simply aids in the process.

Arbitration also involves presenting both sides of the issue, but both parties may agree in advance that they will abide by the decision of a neutral arbitrator. The proceedings are much like those that occur in a courtroom, with each side presenting their opening statements and evidence. However, arbitration is not as formal as litigation, and it typically concludes more quickly.

In a dispute resolution method known as collaborative practice, you and the other party agree that you will come to a resolution without litigation. Collaborative practice attempts to preserve relationships between parties — which can include employees, business owners, corporations and partnerships. While attorneys assist in facilitating the process, the parties tend to negotiate directly to work out differences.

Resolving a Commercial Business Dispute

Litigation serves as a frequent method for resolving conflicts that arise in business, but it can be costly and time-consuming. By using dispute resolution, you can reach agreements that benefit your business with less expense and frustration. For a consultation with an attorney specializing in commerical dispute resolution, please contact Gertler Law Group, LLC.