A business dispute requires clear decisions early, not reactive moves under pressure. Understanding your options from the outset helps you manage risk, control costs and choose the most effective path to resolution, whether through negotiation, mediation or court proceedings.\u00a0This article explains the options available when your business is in a dispute and when each approach may be appropriate.<\/p>\n\n\n\n
The first question you should ask yourself is who you are in a dispute with. If it is a party with which you have an existing contract, then you should first check that contract. You may find that there is a dispute resolution clause. A dispute resolution clause is a term of a contract which outlines what will happen in the case of a dispute. <\/span><\/p>\n\n\n\n For example, you may have an arbitration clause. An arbitration clause could require arbitration proceedings in the event of a dispute. <\/span><\/p>\n<\/div>\n\n\n\n If there is no dispute resolution clause, then you might benefit from seeing which processes your business has used in the past to settle similar disputes. In the alternative, you may also want to know which dispute resolution process is best suited to your current situation. <\/span><\/p>\n\n\n\n To know which dispute resolution process is best for your situation, you will want to consider factors such as whether you:<\/span><\/p>\n\n\n\n The rest of this article will consider some options that are available to you. <\/span><\/p>\n\n\n\n Taking your case to court <\/a>is a good way of making sure that you resolve the dispute in line with the law and previous court decisions. Going to court involves arguing your case before a judge, who will decide your case based on previous cases. This is beneficial if you value predictability in your dispute. Further, it may be a preferable option if time is not an issue and you have a strong and arguable case. However, before committing to court proceedings, you will want to keep two key points in mind. <\/span><\/p>\n\n\n\n First, you want to make sure that you have sought legal advice to know whether going to court is appropriate for your situation. For example, you may be better off settling a small claim outside of court. Second, you will also likely want to attempt mediation first. Indeed, a court will generally suggest that you try mediation proceedings before starting a full court case. <\/span><\/p>\n\n\n\n Key Statistics<\/strong><\/p>\n Sources<\/strong><\/p>\n\n
Going to Court<\/span><\/h2>\n\n\n\n
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