Dispute Advisory Services
In any business, disputes are an inevitable by-product. In current times globalization attracts with it cross-border and multi-jurisdictional disputes. The volume and complexity of the regulations, along with the increasing costs of resolving disputes, not clear about the outcomes and lengthy proceedings are all related to litigation faced by organizations.
It is essential to collect the critical facts as the dispute arises to assess the strengths and weaknesses of your organization's position and also develop a plan to settle or to prevail. Cross-border disputes involve complex economic, financial, and technical issues and issues related to client locations and applicable laws and standards. Litigants having command of the issues and a sound assessment of both sides' positions can achieve better outcomes, whether in settlement or litigation. The dispute advisory firms can help you best maintain all the facts and data regarding litigation.
In a company where more than one person has invested money in the business, shareholder/ partnership disputes are normal. It is considered quite normal for conflicts to arise as the shareholders or partners are not expected to cooperate with each other in all the situations. As a result of many conditions and important decisions to be made, the investors' excellent relationship may deteriorate with time.
The main problem arises when the disputes are not resolved in the right manner; it will consequently affect the company's profitability. Hence, to prevent oneself from suffering loss, an organization needs to consult Enterslice for availing dispute advisory services.
What are the Areas Covered in Business Requiring Dispute Advisory Services?
The following areas may require dispute advisory in businesses:
- Contract Disputes and Breach of Contract
- Shareholder Disputes
- Minority Shareholder Disputes
- Shareholder Oppression
- Breach of Fiduciary Duty
- Partnership Disputes
- Business to Business Disputes
- Disputes Between Member-Owners of a Limited Liability Partnership (LLC)
- Disputes Between a Company and a Supplier
- Disputes Between a Company and its Customers
- Disputes and Lawsuits Defending the Management or Owner of a Company
- Misclassification Disputes (Independent Contractor or Employee)
- Any Lawsuit Involving a Commercial or Business Interest
What are the Types of Resolution Provided in Dispute Advisory Services?
There are many types of resolution available in dispute advisory firms, but the basic recommendations are as follows:
- The main aim of mediation is for a neutral third party to assist the disputed parties in reaching a consensus of their own.
- Hence, a professional mediator rather than imposing a solution works with all the conflicting sides to explore their interests related to their positions.
- Mediation can rather be effective at allowing parties to discuss their feelings and fully explore their grievances.
- The mediator sometimes has to work with the parties together and sometimes separately. They can try to help the disputed parties to hammer out a resolution that is voluntary, sustainable, and non-binding.
Similar to mediation except a conciliator can provide both parties with a non-binding settlement proposal.
- A neutral third party in arbitration serves as a judge who is responsible for resolving the dispute.
- As dispute advisory, the arbitrator listens as all the parties argue its case and present all the relevant evidence that will help in bringing a binding decision.
- The disputants can virtually negotiate any aspect of the arbitration process, including whether lawyers will be present at the time and what must be the standards of evidence to be used.
- Arbitrators in this process also hand down decisions that are usually confidential and which cannot be appealed.
- Similar to mediation, arbitration is much less expensive than litigation.
The most familiar type of resolution suggested by dispute advisory services is litigation. Typically, in the litigation process, a defendant is facing off against a plaintiff before a judge or jury.
The judge or jury is held responsible for making a ruling by weighing on the evidence. The information that is conveyed during the hearings and trials generally enters and is maintained in a public record.
Litigation is typically dominated by lawyers, which often ends in a settlement agreement during the pretrial period of preparation and discovery.
What are the Disputes to be Avoided as per Dispute Advisory Firms?
A company or a partnership firm gets into disputes quickly as business disputes are considered a normal part of the business. Some of the common conflicts as per dispute advisory firms are:
- The disagreement of a contract between purchasers, suppliers, contractors, or any business partners.
- An unsatisfied employee who has not been provided proper work conditions.
- When opinions of individuals sitting in management do not match.
Hence, the manager in this type of situation has to make some critical decisions to handle the situations and preventing from getting into any kind of dispute.
Therefore the common disputes that must be avoided as per the dispute advisory firms are:
Businesses sometimes have disputes with each other in matters like rights related to the intrusion of intangible assets (patents, trademarks, etc.) or when a company hires an employee from the competing/rival company. Professional mediation or legal action can be needed in such kinds of disagreements.
This is the most common type of dispute. Many partnership disputes arise when the details given in a partnership agreement is not clear. The unclear points in an agreement can bring financial disputes between the partners. A partnership agreement must have clear cut information. This can be done with a lawyer's help, but first of all, the partners must talk about their dispute and try to solve the issue. In any case, is the condition of the dispute between them worsens, they should go for mediation.
The incorrect or incomplete execution of the contract can lead to a breach of contract. It can damage the reputation of the business or can cause a substantial loss in business. To be on the safe side, a business contract must be followed sincerely. Keeping a dispute resolution clause, written contracts instead of oral contracts, and maintaining the right information prevents getting into any dispute-related situation.
Employment disputes can occur due to disagreements over salary or salary payment, employee discrimination, maternity leave disputes, disputes overrepresentation, and unfair dismissal charges. By encouraging open communication and resolution amongst the employees, guiding and resolving their issues, in case the dispute is among the employees, then the story of the entire person must be heard to solve the problem. There must be an awareness session among the employees to help them know about the anti-discrimination laws. Anti-discrimination programs must also be organized, and policies should also be made for the same. There must be a precise analysis of the fact of whether the discrimination was intentional or unintentional.
The main reason for this type of dispute is reduction or denial while paying the dividends or the undocumented use of Intellectual Property Rights (IPR) when a shareholder leaves the company. It is essential to have a shareholder's agreement that specifies the shareholders' voting powers and dividend payments. It must also contain all information regarding how the dispute will be resolved if in case it occurs.
Tips to Solve Disputes Without the Help of Dispute Advisory Team
The following process must be adopted to solve your disputes without a dispute advisory team:
Compilation of Facts and Evidence
Document all the critical details of the dispute. The important information can include the date, time, product or service details, photographs, warranties, leases, agreements or contracts, and a review of the discussions or previous correspondence between the parties.
Arrange all your documents as per the date and highlight all the relevant parts related to the dispute.
Maintaining Calm and Remain Objective
Maintain a calm nature; be polite and professional in your written or spoken conversations. Avoid abusively or any sort of emotional language or laying blame on the other party.
Always try to understand the situation from the perspective of the other party.
Think of creative solutions
Look for in between the way solution that will restore your business relationship. Prepare a list of possible solutions to discuss with the other party, always be realistic, and be available for negotiation. Consider how achieving a particular solution will impact your business, basically in terms of time, money, and future working relationships.
Have Discussion with the other party
Contact the other party to conclude. First off, all ensure that the person you are discussing with has the authority to settle the dispute. Sometimes small issues can also be handled with a phone call while the other complex matters are best dealt with in person.
Listen carefully to the other party in discussions to note their opinions, suggestions, and grievances. You must not interrupt them while they are speaking, and after they have finished speaking, you must respond in a calm and non-threatening manner.
If both the parties come to a solution, just ensure that it is in written form, and both the parties have a copy of the document as evidence.
Formally write to the other party.
If in case of discussions does not work, the next stage that follows is to write to the other party mentioning your position. This provides one more opportunity for the other party to resolve the dispute. It can also be used as evidence of your attempt to resolve the dispute if there is a need to use another means of resolution.
Any letter sent to the other party must outline the matters in the dispute, the steps that are taken to resolve the issue, the required solution, and a time frame for this to occur. It is also good to include some documentary evidence.
Email or post a letter and keep a copy of your records.
If your matter still does not get resolved after talking and writing to the other party, you may need to seek third party assistance.
You need to be very cautious while taking a resort to litigation. Always consider an alternative method to resolve the dispute, such as negotiation and mediation. These services are generally cheap and hassle-free rather than going to court.
Contact Enterslice for dispute advisory/ resolution service.
At Enterslice, we offer a dispute resolution service. You can contact us and get the best dispute advisory services.
Our dispute advisory service offers ways of resolving disputes without going to court. These include negotiation or guided resolution, mediation, conciliation, or arbitration.
How will Enterslice Provide Dispute Advisory Services?
Our experts in Enterslice will provide dispute advisory services to your organization from the early stages of disagreement by:
- Performing an early assessment of the case: Our professionals will conduct an early evaluation of the case that may help you in avoiding lengthy and expensive formal proceedings. It will bring clarity on the financial aspects of the dispute while formulating the legal strategy or to minimize the extent of disputed items. Our team will work closely with your legal advisors to consider the merits of a dispute that will help you make informed decisions about how the dispute resolution must be continued.
- Analyzing the matters in the dispute.
- Assisting you as an industry or subject matter expert while undergoing the process of negotiation, mediation, conciliation, or an ad-hoc dispute resolution process.
- Acting in the role of an expert witness for assisting you in the hearing of the case.