Welcome to my blog! My name is Johanna. I am a businesswoman who lives and works in the fantastic city of Sydney. When I decided that I wanted to expand my company, I realised I would need to enter into some new contracts. The legal side of this was something which really worried me. However, I spoke to some of my friends in the industry and they recommended a great business attorney who was able to help me. The attorney explained everything I needed to know and then drew up the contracts I needed. I hope this blog helps you to understand business and law.
In order for any small business to operate effectively, a number of individual processes need to work together in harmony. This may involve the purchase of component parts, interaction with third-party contractors, negotiation with vendors or the provision of first-class service. It's not surprising, therefore, that things do go wrong, and a dispute may occasionally arise. Often, the way that this dispute is handled can be critical in order to get everything back on track, so what should you consider before going to court?
Understanding What's at Stake
In almost every case, the small business owner will want to maintain a good relationship with the other party, whether they are a supplier, a contractor or a customer. It can nevertheless be difficult to deal with a dispute, as the opposing view could lead to an entrenched position.
Sometimes, it is possible to sort the matter out amicably, through a process of communication. You may be able to sit down at the table and come to an agreement before taking steps to make sure this doesn't happen again. But this approach may not always work, and in this case, it's best to look for alternative dispute resolution programs, rather than opting to dive straight into the court system.
For example, you may look for a third party to mediate. This is a more informal approach and is legally non-binding, but a neutral person will assist in understanding the situation and helping the party to come to a conclusion. It's non-confrontational and is essentially controlled by both parties, but they will be encouraged to compromise before arriving at a solution.
The business owner may choose an option that is legally binding if they opt for arbitration. This can involve one or more members of the panel who will discuss the issue with both parties and weigh all the evidence, before coming to a conclusion. Often, the person or panel is seen as an expert in the area, and this can help both parties be happy with their choice. Once determined, however, this conclusion will be binding for both parties.
If confidentiality is key, then one or both of these solutions is perfect. If the case were to enter the court system, then it could generate publicity, which may be adverse in some cases.
To get the ball rolling, talk with a small business dispute resolution lawyer. They'll be able to reach out to a mediator or arbitrator for you.Share