The business environment can be a difficult place for any company to operate. Companies face legal challenges because of their employees, products, services, or intellectual property. Fortunately, many of these issues can be resolved without going to court. But securing legal representation early in the process is vital when litigation is inevitable.
Employment Disputes
A dispute between an employer and an employee can arise for some reasons. These may include concerns over pay, working conditions, maternity rights, redundancy, flexible working requests, bullying or discrimination.
According to a corporate litigation lawyer, the key to resolving these disputes is to find a mutually satisfactory solution for the parties involved. This will save money on legal fees and prevent further damage to the business.
Mediation is a common way to resolve employment disputes and can be very effective. It can help both parties vent their emotions, see the situation more objectively and make good business decisions.
Partnership Disputes
While business partners often enter a partnership with a vision of business success, it is common for issues to arise. Disagreements over financial decisions, declining revenue, changes in ownership or corporate governance, disputed buyout terms, conflicts in the direction of the business, and other issues can cause serious partnership disputes. Disputes can often be resolved through alternative dispute resolution methods like mediation or arbitration. This is a less costly and adversarial way to resolve an argument, and it gives the parties more control over the outcome of their case. Alternatively, litigation may be necessary when alternative methods fail to resolve the issue. This is often the case if one partner breaches their fiduciary duty, misappropriates company funds or takes assets that should be kept within the business.
Shareholder Disputes
Shareholders own shares in a company and can have a say on company policies, management, and ownership. When this relationship is not working, shareholder disputes can arise. These can range from minor shareholders who disagree with management about dividends or profit sharing to large municipal pension funds unhappy with a corporation’s direction. Whether the dispute concerns a minority owner’s rights or a majority shareholder’s actions, it is important to find a solution as soon as possible. When a shareholder dispute does arise, mediation or arbitration can help resolve it quickly and efficiently. However, litigation is the last resort if the parties need to agree through these methods. This can be costly and time-consuming, and it may negatively impact the reputation of your business.
Contract Disputes
When two parties agree to a contract, they create an obligation to perform certain tasks. If one party fails to meet this obligation, they may be liable for damages. Disputes over contracts can be resolved through mediation and arbitration. In addition, some contracts include a cooling-off period that allows parties to cool their heels before filing legal action against each other. Contract disputes are often the result of disagreements over terms, definitions, and conditions in a written agreement. If the dispute cannot be resolved through mediation, a breach of contract lawsuit can be filed in court. Breach of contract is an important issue that can have serious consequences for a business. If you believe you have a breach of the contract dispute, contact an attorney immediately to discuss your legal options.
