Dispute Resolution

In any business, disputes are an inevitable by-product. In current times globalization attracts with it cross-border and multi-jurisdictional disputes. The volume and complexity of the regulations, along with the increasing costs of resolving disputes, not clear about the outcomes and lengthy proceedings are all related to litigation faced by organizations.
It is essential to collect the critical facts as the dispute arises to assess the strengths and weaknesses of your organization’s position and develop a plan to settle or to prevail. Cross-border disputes involve complex economic, financial, and technical issues and issues related to client locations and applicable laws and standards. Litigants having command of the issues and a sound assessment of both sides’ positions can achieve better outcomes, whether in settlement or litigation. The dispute advisory firms can help you best maintain all the facts and data regarding litigation.

Areas Requiring Dispute Advisory Services

  • Contract Disputes and Breach of Contract
  • Shareholder Disputes
  • Minority Shareholder Disputes
  • Shareholder Oppression
  • Breach of Fiduciary Duty
  • Partnership Disputes
  • Business to Business Disputes
  • Disputes Between Member-Owners of a Limited Liability Partnership (LLC)
  • Disputes Between a Company and a Supplier
  • Disputes Between a Company and its Customers
  • Disputes and Lawsuits Defending the Management or Owner of a Company
  • Misclassification Disputes (Independent Contractor or Employee)
  • Any Lawsuit Involving a Commercial or Business Interest

Services for Business Requiring Dispute Advisory

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Mediation

  • The main aim of mediation is for a neutral third party to assist the disputed parties in reaching a consensus of their own.
  • Hence, a professional mediator rather than imposing a solution works with all the conflicting sides to explore their interests related to their positions.
  • Mediation can rather be effective at allowing parties to discuss their feelings and fully explore their grievances.
  • The mediator sometimes has to work with the parties together and sometimes separately. They can try to help the disputed parties to hammer out a resolution that is voluntary, sustainable, and non-binding.

Conciliation

Similar to mediation except a conciliator can provide both parties with a non-binding settlement proposal.

Arbitration

  • A neutral third party in arbitration serves as a judge who is responsible for resolving the dispute.
  • As dispute advisory, the arbitrator listens as all the parties argue its case and present all the relevant evidence that will help in bringing a binding decision.
  • The disputants can virtually negotiate any aspect of the arbitration process, including whether lawyers will be present at the time and what must be the standards of evidence to be used.
  • Arbitrators in this process also hand down decisions that are usually confidential and which cannot be appealed.
  • Like mediation, arbitration is much less expensive than litigation.

Litigation

The most familiar type of resolution suggested by dispute advisory services is litigation. Typically, in the litigation process, a defendant is facing off against a plaintiff before a judge or jury.

The judge or jury is held responsible for making a ruling by weighing on the evidence. The information that is conveyed during the hearings and trials generally enters and is maintained in a public record.

Litigation is typically dominated by lawyers, which often ends in a settlement agreement during the pretrial period of preparation and discovery.

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