Litigation is part of the reality of business. The role of legal counsel is very important, but the outcome of the dispute is also determined by correct, or incorrect, decisions business owners and executives make in handling a dispute.
When a company becomes a party to a commercial dispute, there are four questions it has to answer:
- What is the ultimate objective?
- What is the best way for the dispute to be handled?
- What will its realistic cost be?
- What are the realistic commercial benefits?
We can help answer these questions.
Typical mistakes business owners and executives make in managing commercial disputes which we can help clients avoid include:
- Unjustified optimism, often fueled by personal egos;
- Escapism and excessive delegation of decision-making to legal counsels;
- Lack of understanding and reluctance to fully understand the financial and legal details and implications of the dispute;
- Lack of determination and sluggish decision-making and action-taking;
- Unjustified avoidance of negotiation with the opposition.
We advise business owners and executives to approach disputes with a great deal of caution. It is very important to accurately compare the desired result with the potential cost and risk. Clients should do their best to avoid disputes if possible or settle them during the early stages. The best litigation is avoided litigation. This relates first and foremost to large companies, especially public companies, as well as businesses with a foreign ownership structure.
We provide advice for efficient management of commercial disputes in terms of the ultimate results and the general health of a company. We have the experience to manage multi-jurisdictional litigation, including in western jurisdictions.