Deciding whether to settle or litigate a business dispute is a very fact-sensitive question. This decision will rest largely on the nature of the dispute, the potential liability of an adverse outcome, and whether your business has the assets to finance ongoing litigation, including sufficient insurance coverage. Getting a clear assessment of your company’s risk and all possible outcomes will be crucial to determining the best decision for your company.
Settlement may come about through a variety of means, including informal negotiations, mediation, and other forms of alternative dispute resolution. Allowing legal professionals to engage in negotiations is likely to be much more productive and protective of your interests; if you attempt to negotiate a dispute on your own, you may leave out an essential detail or fail to consider an important point that ultimately harms your business. Mediation also can be a successful way to resolve business disputes. By working with an experienced, neutral, third-party mediator, parties to a dispute may be able to reach a compromise regarding the dispute that addresses each party’s concerns, at least to some degree. These forms of settlement also are likely to be both quicker and less expensive than traditional litigation.
On the other hand, litigation is sometimes the only way to resolve business disputes, particularly when the stakes are extremely high for one or both parties. While the hope is always to avoid the time and costs involved in litigation, there are times when litigation is necessary. Perhaps the best way to avoid litigation is to take steps in your business operations to avoid disputes. You can help minimize your exposure to litigation by keeping meticulous records about all aspects of your company, handling employee matters according to standardized company policies, and making contracts clear and enforceable.
We are the California business law attorneys to whom you can turn if you and your business become involved in litigation or engage in any other type of legal matter. No matter how complicated your situation may be, you can count on the Heit Law Group, P.C., to have the legal skills that are required to successfully handle your case.