As a businessperson, you interact every day with customers, employees, suppliers, partners, and others. And you know that in every interaction, whether for business or personal reasons, there is the possibility of a misunderstanding or an action (or inaction) that could lead to a legal dispute. 

Taking your case to court is certainly one way to resolve the conflict. But is it really the best way? A lawsuit can be costly, time-consuming, and stressful, and the result is unknown. A judge or a jury will ultimately decide the winner.

Instead, consider one of several Alternate Dispute Resolution options.

This article will discuss NEGOTIATION as a method for resolving a business or personal dispute.

When you are in conflict with another person, it may be impossible for you to speak to them without your emotions getting the best of you. It may be the same for them. And that makes it unlikely that you will resolve the situation. 

But negotiation CAN be a non-adversarial way to resolve a dispute, if you have someone representing you and arguing your case to the other side. Often the negotiators are attorneys representing the people involved in the dispute. As outsiders to the conflict, attorneys can communicate in an objective way, creating the opportunity for meaningful discussion.

The goal of negotiation is not to determine which party is right and which is wrong. The goal is to come up with a resolution that both sides can live with. It’s a compromise, and it’s very possible that neither side will feel that they got what they really wanted. 

But in the overall picture, winning the actual argument is not the only consideration. With every dispute, you need to consider how much:

• time it will take to get to the final resolution;
• money that will cost; and
• stress will be created. 

Every minute of mental energy expended on thinking about the dispute means one minute NOT spent on managing your business or on something else that’s important to you.

With negotiation, the disputing parties – not a court or other outside third-party - are ultimately in control of the process and the resolution. And once there is a resolution, the attorneys will draft a settlement agreement, legally binding both parties to what you both agreed on.

Negotiating a resolution to a legal conflict often results in an outcome that is good enough to satisfy both parties, and one that is also cost and time efficient.  If I can assist in negotiating a settlement on an issue in dispute, don’t hesitate to call.

NOTE: THIS ARTICLE IS FOR GENERAL INFORMATIONAL PURPOSES. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. EACH SITUATION IS DIFFERENT. YOU SHOULD CONSULT WITH AN ATTORNEY TO DETERMINE YOUR LEGAL RIGHTS, REMEDIES, AND DUTIES.

By Wendy M. Anderson, Esq.
Law Office of Wendy Anderson, PLLC

480-825-4509
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