What can business owners do to avoid litigation? (PART 2)
Our last post concentrated on a few ways that business owners can avoid business litigation. As we mentioned, there’s no way to avoid litigation for certain, but there are definitely some safeguards that can be set up so that a dispute is resolved in the best way possible. When a dispute has the potential of hurting a company, it can be helpful to discuss the matter with a business litigation attorney.
Besides open communication, there may be some tools that can be implemented to avoid litigation when you are writing out your contracts. Businesses may be able to add litigation avoidance provisions such as mandatory mediation provisions, fact-finding evaluations or required partnering. Risk-shifting avoidance provisions may also be used. These may include release, waiver or disclaimer language or exculpatory agreements.
Finally, and this tip may sound really basic, but hear us out: try to see the dispute from the other side’s perspective. Of course, there are times where this strategy may not be useful, but once in a while it can’t hurt to look at the dispute from an objective point of view. Doing so may help you to understand what motivates the other party and may help the two sides reach an agreement that in some way satisfied everyone.
Of course, while these tips are helpful, we all know that in some cases litigation is the right avenue in order to protect the livelihood of your business. In these cases, an attorney can help you understand what options you have under business law.