A business owner like yourself can dream of living in a perfect world where a firm handshake and verbal agreement is all you need to control the conduct of two parties involved in a business transaction. The problem is that dream may happen from time to time, but it can leave your business open to a lot of problems if there’s ever a dispute between business parties. That’s where correctly handling a business legal dispute with a major Florida client can come into play. Laying the groundwork before entering into an agreement is a good idea, but sometimes, things happen in hindsight and disputes need to be handled. The following tips can help to narrow down your options.
Work With an Attorney
It may seem unnecessary if you’ve been doing business for years without a problem to start working with an attorney. That couldn’t be further from the truth.
Helpful Advice and Negotiating Power
An attorney can help to protect you from potential disputes by offering helpful advice going into your business dealings. Then, if a dispute does come about where one of the parties doesn’t uphold a portion of the bargain, your attorney will already have a working knowledge of your agreements and contracts. An attorney can hit the ground running while creating a solution that pleases all parties involved.
Always Have a Clear Contract
This can seem like common sense advice, but a clear contract can help to eliminate any confusion that can exist regarding an agreement.
Customize the Contract
Rather than using just a boilerplate contract, your attorney will be able to come up with a contract that works well for your business and can be personalized to fit the needs of each individual contract that you sign with other businesses. Clear language on your contract means that there shouldn’t be any confusion over who is responsible for what during the business transaction If there is a dispute, a clear contract can help you to be vindicated when settling the dispute.
Attempt to Settle Dispute
One of the first things that you can do is attempt to settle the dispute before seeking to go through any legal channels.
A Legal Representative is a Powerful Third Party
Contacting the other party involved with the dispute to speak about what has happened may be enough to help get the ball rolling with payment, delivery or other action that was missing originally. You may try contacting the other business owner yourself to work on settling the dispute without further ado, or it may be more prudent for you to have your attorney start the process of trying to get this dispute settled. If you’re finding that the other party is not returning your phone calls or being civil about the matter, then it’s time to bring in your legal representative.
Negotiating and Mediation
Negotiation and mediation are methods that can be used to find a solution to the dispute that pleases all parties involved with the situation. Often, in negotiating, it’s important to know what you are willing to fight for and what you’re willing to give away as concessions. You can use an attorney to help represent you in these types of proceedings, and that can help you to the solution that best benefits you.
Mediation Before Going to Court
Mediation uses a third party that examines the situation and works to find the best solution to the dispute. These processes can go on for a few days to weeks depending on the complexity of the dispute and whether either side is willing to bend. However, if these methods are not successful in getting a solution to the dispute that pleases both parties, it can be necessary for the dispute to go to court.
Remedies to Legal Disputes
There are three main remedies that can occur when going through a business legal dispute: cancellation and restitution, damages, and specific performance.
Cancellation and restitution mean that the contract is null and void, and any monies paid are returned to the non-breaching party. Damages mean that a monetary reward could be granted to the non-breaching party based on the circumstance. Finally, specific performance means that the agreed upon action will occur, and the contract will be upheld.
Dealing with business disputes with large clients in Florida can seem unavoidable, but there are some steps you can take to try to limit the amount of disputes that occur for your business. Having an attorney to assist you can help prevent disputes as a lawyer may spot a problem before it becomes one. An attorney helps you with creating a clear contract that minimizes the risk of a breach of the contract. If you come into a dispute with one of your clients, it’s important to try to resolve it without going to extreme lengths. Communicate about the breach, and see how the other party handles it. If nothing happens, try negotiation or mediation to find the correct solution. There are times when this doesn’t work, and a courtroom is necessary.
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Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Ansley Law Firm, nor is it intended to be a substitute for legal counsel on any subject matter.