Small Business Disputes

Good Business Management Includes Good Dispute Management

Problems arise every day between businesses, their customers, suppliers, partners and employees. Most of the time these are dealt with quickly and efficiently through common sense. A small percentage, however, escalate into a dispute. Disputes that remain unresolved may start affecting the profitability and productivity of the business.

Contact Lynn Andretta to discuss your legal options and find solutions for any Small Business Dispute and related legal situations in Washington DC area.

Traditional Dispute Resolution for Small Business

Although small business often have legal recourse in disputes, their access to justice can be constrained by the cost of going to court, the long time and delays before their case is heard, the disparity in the quality of representation and their need to preserve business relationships. In many cases, neither party achieves a satisfactory result from a Court judgment.

The Benefits of Alternate Dispute Resolution

The thrust is to encourage and help small business to use 'Alternative Dispute Resolution' (ADR) instead of litigation, where it is appropriate. In most cases ADR can offer small business a low-cost, quick and flexible system for resolving disputes. ADR is a viable alternative to litigation, typically achieving a success rate of around 80%, without costly and time-consuming legal action. For example, some studies show that using ADR in a dispute can cost as little as five percent of the cost of going to court.

ADR processes seek to produce a negotiated settlement between the parties in a manner that encourages common-sense, practical solutions and preserves business relationships. A neutral party (usually a mediator) helps the parties find a settlement that both can agree to, within a fully confidential process.

ADR provides the parties in a dispute with total control over the outcome, removing the uncertainty that comes with a Court case and judgment. Where an agreed settlement is not achieved, the, parties retain their full rights to proceed with legal action.

Some Dispute Paths Below

With regard to your dispute:

Would you rather negotiate a settlement than go to Court?
YES - CONTINUE
NO - SELECT LITIGATION

Is any aspect of the dispute about a potentially 'criminal'* matter, as opposed to a 'civil' matter? (*criminal matters can usually be defined as those that may warrant police involvement).
YES - SEEK LEGAL ADVICE PRIOR TO CONTINUING
NO - CONTINUE

Do you need a binding legal interpretation of a fundamental contract clause?
YES - SELECT LITIGATION OR ARBITRATION
NO - CONTINUE

Do you have a contract that requires arbitration to resolve any dispute that arises?
YES - SELECT ARBITRATION
NO - CONTINUE

Are you seeking to establish a legal precedent?
YES - SELECT LITIGATION
NO - CONTINUE

Is there a risk that a Court decision will not provide you with your preferred outcome?

It is important to maintain an ongoing business relationship?

Would it benefit your business to have the matter settled quickly?

Is the cost of settling the dispute an important factor?

Publicity about the dispute or its outcome should be avoided.

The dispute lends itself to a realistic, commercial settlement rather than a court's legalistic decision.

A full appreciation of my needs, interests, concerns and expectations, rather than legal rights, is most important.

A mediator may help defuse emotion or hostility which otherwise may bar a settlement and could improve communication between the parties.

Will direct negotiations or continued inaction deepen into litigation, increase hostility and inflexible positioning by either party?

Contact Lynn Andretta to discuss your legal options and find solutions for any Small Business Dispute and related legal situations in Washington DC area.

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