How Do You Resolve a Business Dispute?
If you own a business, you may know all too well how damaging a business dispute can be to your overall productivity and profit. Running a business efficiently often involves handling these disputes quickly, so they don’t derail your company and its future. When a business dispute does arise, do you know how to effectively resolve it?
A Houston business attorney at Roger G. Jain & Associates, P.C. can help resolve disputes by providing you and your company with the legal knowledge you need to make informed decisions about your case. In addition, a business lawyer can often provide further ways of resolving disputes outside of litigation, including mediation, arbitration, and other alternative dispute resolution methods.
All parties have different needs regarding resolutions for their business dispute. Some prefer clear-cut answers, while others like more flexibility when solving problems. It is important to take these needs into consideration when approaching any business dispute resolution.
Three Types of Alternative Dispute Resolutions
The three common types of alternative resolutions offered by Houston business attorneys include mediation, arbitration, and informal settlement conferences (ISC).
Mediation – Mediation requires both parties to agree upon one or more mediators who will act as an intermediary between the two sides throughout the process. Mediators meet with both parties separately, often in an informal setting to discuss their problems and how they came about. Once the mediators feel that they understand each side of the dispute, they will meet both parties together to try to solve the problem.
The goals of mediation are for all parties involved to reach a mutual agreement that protects the delicate relationships between businesses and customers.
Arbitration – Arbitration is very similar to litigation, as it also involves a third party deciding who wins a case based on evidence provided by both sides. The primary difference between arbitration and litigation is that in arbitration, the decision about whose argument is correct has been made before going into court. Businesses can decide if arbitration is binding or not before going through this process.
Many Houston businesses prefer to have arbitration enforced because it can be a less expensive way to resolve disputes. However, through arbitration, they are able to choose which arbitrator they want to hear their case. This means that they have some control over who decides the outcome.
Informal Settlement Conferences – Informal Settlement Conferences (ISC) involve gathering both parties together in an informal setting to discuss problems with a business attorney present. ISCs are usually conducted by phone or virtual meeting. Many Houston business attorneys like these types of meetings for several reasons. They allow time and space for emotions to calm and help both parties understand what issues are at stake. These conferences also promote the sharing of information while minimizing any form of retaliation.
Plan Ahead For Business Disputes
One of the best ways to effectively resolve business disputes is to plan ahead for them. As such, business attorneys offer pre-dispute resolution methods including alternative dispute resolution (ADR) agreements, arbitration clauses, and mediation clauses among others which are often included in contracts. Businesses can put any of these options into their contract so that it becomes part of their agreement with other businesses or customers.
Another method of resolving disputes before they happen is through litigation prevention, where negotiations between both parties help them avoid court action.
Business attorneys can assist in conducting and setting up these types of meetings. This allows affected businesses and customers to resolve issues early, rather than be caught off guard when they escalate.
While each business may choose different resolutions for individual cases, a business attorney can offer a variety of choices to choose from.
Contact Our Houston Business Lawyers
At Roger G. Jain & Associates, P.C., our attorneys help resolve business disputes and help our clients find the strategy that is best for them – whether they want to mediate, arbitrate or have a simple meeting with an attorney present. We can work with you to develop a proactive plan for tackling business disputes, while efficiently resolving any that may arise.
Our lawyers are here to help represent you in court or through the arbitration process if necessary. We also work to mediate between parties, draft agreements, and include ADR clauses wherever possible. Before entering into a business dispute – contact our law firm immediately.
We will be with you as your business grows, protecting you from disputes and harmful legal battles. Call at (713) 981-0600 or fill out our confidential contact form to learn more about your legal options.
Roger Jain is a dedicated trial lawyer who assists his clients in the following areas of practice: civil litigation, business law, criminal defense, juvenile law, estate planning and family Law.