Dispute Resolution

Your business relationship ran its course. You can still cross the finish line with a hand-shake.™

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It is inevitable that some business relationships will end unexpectantly or that disputes will arise. In small business contexts, these may be with parties you have and will continue to call friends. Applying mediation/conflict resolution principles, we will attempt to resolve such conflicts through strategy and negotiation with the other parties, with the goal of an expedited resolution.

Dispute Resolution FAQs

Frequently Asked Questions

Clients sometimes call me and say, “This probably isn’t going to be anything, but something happened you should know about…” The “something” is often an incident or a pattern of behavior with another party that has prompted them to wonder if a “business divorce” is impending. Their instincts are generally correct that a dispute of some kind is brewing.

 

As soon as you have a gut instinct that a dispute with a business partner, vendor, customer, or other party “might” be brewing, it behooves you to contact a lawyer. It is possible you can take action early on to address or diffuse the situation. If not, you have legal support in each step you take as the situation unfolds.

 

It can be unsettling, confusing, and overwhelming to contemplate conflict. But once the initial shock subsides, with a legal advocate by your side, the earlier in the process you develop a strategy, the more options for resolution you will have.

Yes. When a dispute arises, the first step is generally to assess if the parties can voluntarily work together to settle the dispute without entering into a legal proceeding. Before asking a third party arbitrator or judge to decide the case for them, a voluntary resolution allows the parties to maintain control and incur less in legal fees and court costs. Mediation is an additional form of dispute resolution which may be contractually required before or in lieu of proceeding with a lawsuit in court.

Please contact us for a complimentary review of your specific facts as fees are customized to each client’s case.

 

In general, we try to bill on a Flat Fee basis for every legal matter. A Flat Fee is a one-time total fee for all actions required for that legal matter. This provides the client with predictability and control. The Flat Fee includes our popular “Unlimited Pass™” of communication between attorney and client in all mediums to be sure the client understands the legal process and can ask questions, and take as much time as is needed to understand and be educated on their matter.

 

A Flat Fee works well if the project does not have too many variables or unpredictable factors. Dispute resolution presents unique challenges in terms of predicting how much time will be required as, by definition, there is another party (and possibly their lawyer) involved who is not in agreement with your position. Whether we can bill on a Flat Fee will depend on the nature of the dispute, how many lawyers are involved, your goals, risks, and budget, and how close you and the other party are to resolution (i.e. have you verbally agreed but need to put it in writing, or are you in opposite camps and not sure if you’ll ever agree).

 

If a Flat Fee is not possible, then an hourly rate will be applied, and we will discuss a projected budget.

 

Either way, we encourage clients to apply the “2.5% rule” and allow 2.5% of the value of the transaction for legal fees.

 

We will work to ensure that your legal budget adds value to your transaction and peace of mind.

 

We would love to chat with you about how we might work together to accomplish your goals within your budget.

How it Works

The Process *

01

Your Story (History)

We will first learn about the history of your relationship with the party with whom you are in a dispute and about the facts that brought you to this point, including if any attempts at settlement or mediation have been made, and what you perceive as the sticking points to resolution. We will also discuss your timeline and legal budget.

02

Options (Voluntary vs. Third Party)

We will next discuss possible options for resolution, depending on what you and the other party have already tried, the nature of your relationship, and the grounds for the dispute. Correspondence between attorneys, mediation, arbitration, and litigation can be explored as options. Attempting to resolve matters voluntarily (versus asking a third party arbitrator, judge, or jury) is generally a good first step in attempting to resolve a dispute.

03

Settlement & Mutual Release (Voluntary Settlement)

If you are able to resolve a matter voluntarily, we can support you in understanding and entering into a settlement and/or mutual release agreement, which will include the specific terms of settlement and a release and indemnification by each party of the other from future legal claims as to the underlying issues. Other terms sometimes included could include an apology, a confidentiality provision not to share the settlement terms with third parties, and a non-disparagement clause.

04

Education & Translation (Understanding)

Throughout the process of attempting to resolve your dispute, we will support you and provide education on time and cost-effective proceedings and options and explanation of all terms of any documents signed. Disputes are emotional and unique. Our goal will be to help you resolve yours effectively and quickly.

* The Process above represents a hypothetical list of actions typically taken for this type of matter. Each matter is customized to that client's facts and needs.

Expertise

We Can Help With

01

Contract Disputes

Resolving disagreements over contract terms, performance, or breach.

02

Business Partner Disputes

Addressing conflicts between co-owners, partners, or LLC members.

03

Employment / Independent Contractor Disputes

Handling disputes between business owners and employees or independent contractors over compensation, termination, or non-competes.

04

Negotiation & Settlement

Strategic negotiation to reach favorable resolutions without litigation.

05

Demand Letters & Cease and Desist

Formal written demands to resolve disputes and stop harmful conduct.

Have Further Questions?

Schedule a complimentary consultation to discuss your dispute resolution needs.

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615-500-5487