Even when a business dispute is handled efficiently, it can still feel like a heavy burden on a company. There are certain times when it may be better for a business to negotiate and other times when there is no option but to litigate. This determination will be based on how private the companies want to keep the dispute, how much money and time they want to spend on resolving the dispute, and whether it is an issue on which both companies are just not willing to budge. This is why it is essential for a business to understand what they want their end goal to be and which issues they may be willing to make concessions on.
When to Negotiate
When one business feels that it can work amicably with another business to come to a resolution, then direct negotiation may be a sufficient course of action to resolve the business dispute. Negotiation is often the first step in dispute resolution to try to come to an agreement. The businesses will meet to discuss potential resolutions and hopefully come to a solution. In some circumstances, this may involve some back and forth to discuss the terms of the agreement.
Direct negotiation is seen as a private way to engage with the business that you are in a dispute with. Instead of involving a third party in mediation or numerous parties in litigation, direct negotiation only involves the two companies and their lawyers. When two companies are unable to concede certain points in order to come to an agreement by themselves, they may try to come to a resolution through mediation or arbitration. When these alternative dispute resolution procedures fail to succeed, the companies may decide that litigation is inevitable.
When to Litigate
Although it would be easier if all issues could be negotiated, sometimes this is just not the case. When this happens, a company will want to go through the litigation process as cost effectively and as easily as possible. When a lawsuit takes place, both businesses will present their case to a judge or a jury.
The judge or jury will listen to each business' side of the argument and determine facts and interpret the laws that apply to the issue that needs to be negotiated over. The fact-finder will then make a decision. Although the decision may be the best option based on the judge's interpretation of the law or a jury's interpretation of the facts, it may not be the best resolution for the companies that are involved. This can be a time consuming process, so if the issue is over something that needs to be decided immediately, it may be better for the companies to make the necessary concessions to come to an agreement on their own.
Contact a Baltimore Business Dispute Lawyer
Business disputes can be difficult to handle on one's own because a business does not only have their personal interests on the line but money. If your company is currently trying to handle a business dispute on its own, you may want to consider contacting business dispute lawyer Ari Casper who has experience negotiating and litigating an array of business disputes for many different sized companies. Please do not hesitate to contact our firm to set up your consultation.
