Resolving Commercial Disputes

Whether you like it or not, you will get involved in, help resolve or become a party in a commercial disputes. For you or your clients business, disputes with customers, suppliers, landlords, employees, financiers, business partners, spouses, competitors and Governments and many others are all part of daily life. Any one of them can escalate into a dispute that could have a significant and adverse outcome.

Of course avoiding disputes in the first place should be your primary goal, but we all realise that there are some disputes that are simply unpreventable. How we identify and deal with these disputes becomes the important issue for our businesses. This paper will take you through the dispute resolution process primarily from a commercial perspective rather than a legal perspective. This process can begin and end on the same day or span a decade. The content of this paper is equally applicable if you are a business advisor or if you own and operate a business. If you are an advisor to business, read it with two hats, one as a business owner and one as a business advisor.

One thing is certain. All disputes will eventually get resolved. When and at what cost has a lot to do with your understanding of the process so informed decisions can be made.

It is not difficult to define commercial disputes. Essentially, any dispute that involves money is a commercial dispute. Having said that, it is also extremely difficult to provide you with a definitive list of what types of commercial disputes are out there just waiting to find their way to you. I have been involved in the resolution process of commercial disputes for over 30 years and I am still being engaged in matters the likes of which I have not seen before. As long as people engage in commerce there will be disputes over money. My advice to you is – be prepared.

Disclaimer: The content of this article is general in nature and is presented for informative purposes. It is not intended to constitute tax or financial advice, whether general or personal nor is it intended to imply any recommendation or opinion about a financial product. It does not take into consideration your personal situation and may not be relevant to circumstances. Before taking any action, consider your own particular circumstances and seek professional advice. This content is protected by copyright laws and various other intellectual property laws. It is not to be modified, reproduced or republished without prior written consent.