In part 1, we discussed the importance of knowing how to negotiate business deals and mitigate conflict whenever possible. Besides being a financial drain, business disputes can also create conflicts that require precious time and energy to resolve. Setting clear boundaries and realistic expectations when making professional agreements is essential in setting yourself up for positive outcomes.
Although avoiding conflict is preferred in professional matters, it is imperative to be prepared to handle business disputes properly when the need arises. Following these valuable tips will increase your chances of a positive outcome when business disputes must be settled.
Clarify the Actual Dispute: Ensure you understand what the desired outcome the other party seeks for resolution. It is equally important to clarify your own desired outcome. It can be challenging to see what’s actually going on when emotions are high. Speak with a trusted advisor to help you get clarity.
Offers Without Prejudice: Once you are in the dispute resolution process, be mindful when making offers for resolution. Ensure that you state that your offer is “without prejudice” and with no admission of guilt, so that if you do end up having to go to court, the offer cannot prejudice your case.
Use Alternative Dispute Resolution Models: Going to court is a lose/lose scenario for everyone involved. Be sure you have mediation and arbitration provisions built into every agreement you sign. Resolve matters outside of court, whenever possible.
Don’t Rely Solely on Your Legal Rights: If you want to avoid going to court—and it’s usually in your best interest to do so— put a good faith effort into finding a mutually beneficial solution on which to agree while still invoking your rights. We can help you with that as we focus on finding resolve in every conflict, by seeking to identify where the respective parties’ needs can be met and matched up as part of our conflict resolution process.
Watch Your Wording: Settlement offers can be complicated. The way an agreement is worded or structured can affect the outcome, especially if that outcome is a financial judgment. Make sure you have a thorough understanding of the terms and conditions in any settlement offer. And never make a settlement offer without having us strategize and review the wording with you first.
Most importantly, get legal advice from a dedicated and trusted business lawyer. A lawyer can help you avoid all of the above mistakes and will protect your best interests during settlement negotiations.
This article is a service of Kundani& Chang LLP. We are an award-winning law firm that specializes in business and estate planning for clients like you. The goal for every family is to stay educated on all topics like this, avoid probate, avoid estate taxes, and build a legacy for you and your loved ones. What sets our firm apart is that we build lasting, lifelong relationships with our clients. They rely on us to keep them updated, provide sound legal counsel, and be there for them immediately if any problems should ever arise. The best part is we don’t charge hourly fees to our families, so you never have to worry about speaking to us. If you’re ready to keep your family out of Court, contact us today to schedule an initial consultation or visit our website at www.bridgelawllp.com.