Even if you end up winning, a lawsuit can be a disaster. With attorney fees eating up a huge chunk, key personnel being diverted from productive work. And profitable business relationships getting damaged, more and more business owners are realizing that litigation can be avoided by using inventive ways of alternative dispute. An alternative dispute designs to save time and money as well as allow the disputants to settle their difference quickly so that both sides are satisfied. In most cases, opponents resolve their disputes cooperatively and forge new ties.
Mediation is one of the most versatile and flexible and largely depends on the skill and the personality of the mediator. Programs like rent-a-judge, summary jury trial, and minitrial stimulate real litigation to one degree but also offer better speed, more privacy, and less expense.
Variations in alternative dispute are limitless and you can pick one that is best suited to your circumstances; consider factors like the extent of the dispute, the closeness of the business relationship between both the sides. The need for privacy and reaching a settlement, the complexity of the cast and the ability to resolve the conflict, so that both parties can go away happy.
Here are some tips to allow you to maintain your business relationships and keep your brand disputes out of court:
Draft a demand letter
A demand letter drafted by your lawyer is the ideal tool for getting your point across without getting your emotions mixed up in this process. Too often, contractors go to great lengths to try to resolve conflicts face to face or over the phone when all they could do is just write a well-drafted demand letter informing the other person of what legal action needs to be taken to resolve the issue.
Not only is this easier but it saves a lot of time, and will help owners avoid a legal dispute. Even if an owner does win at times, their legal fees will far outweigh the disputed amount. Always keep in mind, that a demand letter should be your initial step in resolving a dispute – if the letter isn’t replied to then you would need to put forth your construction contract.
Review your contract
A construction contract is very important in alternative dispute resolution and will be a vital indicator of how a dispute will play out. It gives you project expectations, payment methods, and timelines, along with the brand’s and sets the stage.
It will contain a clause that will inform you what should be done in the event of a construction dispute. Your contracts should always be drafted by a professional lawyer in advance. But if the dispute has arrived earlier than this. Then you can always hire dispute resolution services to help you out.
Explore business continuity management
Alternative dispute resolution refers to a number of services you can use to resolve your dispute in a timely and professional manner. Business continuity management centers try to find a solution that works for everyone by using mediation and arbitration. This provides an invaluable asset in helping both companies maintain privacy and avoid litigation costs.
Mediation allows all parties to present their argument, convey their grievances. And share their version of events with an impartial third party, called a mediator. This party works with them to find a mutually beneficial agreement that is non-binding and cannot be of help in a court of law. If no resolution is possible then we should explore next step; arbitration.
A professional arbitrator listens to both sides and issues a decision based on the arguments. Unlike mediation, this process is legally binding and depends solely on the previously agreed terms. It is a swift, private, and more practical resolution than standing for trial. Consult your lawyer on which one would be right for you depending on your case.
Try to compromise
Remember alternative dispute services are only effective when both sides approach the goal with the aim of finding a resolution. This can be difficult coming from an industry where staying competitive is a fine line between being successful and a failure. But if you want to maintain proper business relationships you need to be open to hearing the other side. And come to an agreement while safeguarding your reputation and business network. You need to know when it’s time to press on and when it’s time to back off.
The Bottom Line
When it comes to resolving a conflict, it is always better to get an experienced attorney to represent you. Attorneys represent contractors, architects, engineers, suppliers, manufacturers, and disputes of all kinds. They sit down with both the parties and come to a worthy solution. They will help you to draft your letters, review your contracts, and mediate your disputes.