Steps on How to Resolve a Legal Dispute for Small Businesses
Resolving a conflict is not an easy task. If you want to resolve a legal issue for your business, you should first know the steps you need to undergo to ensure that you are doing it the right way. Each step will help you how to handle your dispute properly and avoid reaching a litigation.
Here are the steps that you need to go through to ensure that you will resolve whatever dispute you are having.
Understand the Dispute
For you to be able to find the best resolution of a dispute, you should first understand the problem. Check the contract that is binding you and the other party. Review your legal obligation deliberately.
You have to consider the contracts as they may include a clause about how disputes should be carried out. If this is the case, you will need to follow what was agreed upon and signed upon.
Figure out the main issue or issues behind the dispute. Go back in time by thinking about all the events before the dispute and try to clarify any misunderstandings that had to happen. Review your contract carefully to see what was agreed on and understand it completely.
By addressing the issue, the dispute can be resolved at this stage. However, the other party should also be open to resolution without further disagreement.
Have a Dialogue with the Other Party
If the first step does not work, it’s now to move on to step two, talking with the other party. Sometimes misunderstandings are caused by miscommunication. It is why having a dialogue with the other party might help.
Do not underestimate the power of good communication. It sometimes is the key to a successful dispute resolution. You can talk in person or over the phone, which is more convenient. However, talking face to face would be better as it can give out the impression of sincerity. It is also a great time to vent out emotions and address some concerns.
You have to stay calm when having the dialogue. Even if the other party seems aggressive, you have to be relaxed. Be the better person and make a real effort to fix the problem and end the dispute with an amicable settlement.
Both parties should be interested in being ready to compromise and negotiate to end the dispute peacefully and without more damages. Never forget to write down all the agreements during this stage. It is best to document all the events during the dialogue to make the settlement on the record.
Sign the Agreement
Whatever agreement is made during the dialogue should be made official by putting it in writing and signing it. When putting your agreement in writing, make sure to use words or terms that are neutral that both of you agree with.
Once the agreement is finalized, ensure that all parties sign the document. Additionally, you should secure that each party has a copy of the agreement.
However, if you haven’t ended up with an amicable settlement and are still in the dispute, you should still put all the unsettlement in writing. Stick to the facts, avoid being unreasonable, and do not blame anyone.
Give the other party enough time to think about your negotiation. Let them see your perspective and wait for their response before you make a move. You might not know that the other party will come to their senses and be open to settling the dispute amicably.
Seek Help from a Neutral Third-Party
If the attempt to settle the dispute on your own peacefully won’t work, it is now time for the next step, which is to seek help from an independent third party. You can choose from three ADP or Alternative Dispute Resolution to help you control the situation and avoid it from ending in litigation.
When you choose to resort to ADR, a third party will act as the middleman of all the parties involved. This third party can be a mediator or an arbitrator responsible for making the parties involved reconcile and end up with an amicable settlement.
An ADR is also the last step before the dispute ends up in the tribunal court, which will require you to pay expensive fees. During the ADR stage, you might want to consider hiring a dispute attorney to help you along the process, especially if this ends up in a tribunal court.
Lawyers specializing in your small business industry will be more than willing to help resolve any dispute within your business. If you are a small retail business, check out your local lawyer listing for a qualified lawyer specializing in your industry.
On the other hand, if you are a small construction business, check out https://morrisseylaw.com.au/dispute-resolution/ and have the best representation you can have.
File a Case in the Tribunal
This step is the last step of resolving a dispute, the litigation. If all of your effort in resolving the issue without involving the court fails, then you will never have a choice but to file the case. Seek legal advice with your lawyer and follow what you think is necessary.
When the litigation proceeding comes, let your lawyer handle it, as it will be a battle of the lawyer from now on. Do not forget to consider that bringing a dispute up to the court is inconvenient, time-consuming, stressful, and expensive.
Follow the Steps for an Amicable Settlement
Follow the steps carefully to ensure that your dispute will end up in an amicable agreement. However, if the other party will stand firm, do not hesitate to bring your case up to court for litigation. If someone does not appreciate or respect your genuine effort in resolving the problem, you will be left with no choice but to move forward to the last step.