Nothing is more dangerous to your company than an out-of-control internal fight for control. Internal fights between members of an ownership group have a way of disrupting day-to-day operations. These are high-stakes matters, and you want to have faith in your attorney. At my firm, Templeton Law Firm, I will work hard to earn your trust. I understand how much is at risk without the proper resolution to the complex issues of commercial disputes. But what will matter most is understanding your goals; once I know what you want, I can pursue the outcome that means the most to you.
Individualized Strategy. Personable Service.
Different business goals may be a part of it, but at the end of the day, every internal business dispute is a clash of personalities. I offer my legal insight to you to help you retain control in such matters as:- Breaches of contract: Stakeholders in a business, from board members to CEOs, may have a contract. They must follow their contractual duties. If they do not, they disrupt the very foundation of the business.
- Breach of fiduciary duty: Fiduciary duty is the single highest standard of care an individual can have. If your company’s fiduciaries are violating their duty, you have no choice but to act for the good of your organization.
- Fraud: Beyond breaching contract or duty, misleading and putting the company in a legally suspect position demands action. If you believe that a member of the ownership group is committing fraud – or if someone accuses you of fraud – I can help.
- Tortious interference: When a third party interferes with your contracts, that is a complex, difficult situation. When that party is – presumably – a member of your team, you are placed in a highly difficult position.
Effective Strategies For Resolving Internal Business Disputes
When conflict arises inside a business, it can affect every aspect of the business. A swift resolution protects the business and relationships. Below are my key strategies for resolving these disputes:- Identify the root cause: Identifying the root cause shifts the process from merely treating symptoms to solving the fundamental issue. In business, there can be various disputes, such as contractual disputes, partnership disputes, employment disputes, intellectual property disputes, and supplier and vendor disputes.
- Direct negotiation: Negotiation is often the first and most cost-effective strategy for resolving a dispute between parties. It involves the parties talking directly with one another in an informal setting to reach a mutually acceptable agreement. In negotiations, you should understand what each party truly needs, as this can open pathways to agreements to preserve relationships and improve future collaboration.
- Mediation: If negotiation fails, mediation can be the next powerful step to take. It usually involves a neutral third party, such as a business mediation lawyer, who facilitates communication and helps clarify issues, but cannot impose solutions.
- Arbitration: If mediation fails, you may opt for arbitration, which is a more structured process where a neutral arbitrator hears both sides and issues a binding decision. Arbitration is a more formal process, often faster and less expensive than going to court, and useful in resolving many business disputes, including international business disputes.
- Litigation: If all other methods fail, you can opt for litigation, which involves hiring an experienced attorney and taking the dispute to court. After the court proceedings, the judge or jury makes a final decision to help resolve the matter. Litigation can be time-consuming and costly, but if complex business issues cannot be solved outside court, it becomes the only option to resolve them.
- Drafting clear contracts
- Regular reviews of agreements and business practices
- Training on communication and conflict awareness