Small Business

Taking Control: How to Resolve a Business Dispute

LegalShield Editorial Team
September 4, 2017
•
3 min read
Business dispute being discussed by 5 people in a conference room
Get the legal advice you need without the hourly legal fees
Explore Plans

A drawn-out dispute with a customer, partner, employee or contractor could be devastating to your business. If you are lucky it will only cause stress and cost time. A serious dispute could damage your reputation, rack up considerable legal fees and jeopardize your business.

Developing a strategy for handling conflicts will help you better manage a crisis and find an amicable solution that saves you both time and money. If you need legal assistance resolving a dispute, contact your LegalShield provider law firm.

Remain professional – Disputes often escalate because someone feels they have been personally attacked. Avoid using accusatory language, sarcasm or threats of any kind. Speak in a calm and professional manner to help set the right tone.

Train employees – Make sure your employees understand the proper procedure for handling a dispute. A frustrated employee trying to resolve a dispute on his or her own could make the problem much worse. Teach employees how to disarm conflict and make sure they are comfortable bringing concerns to you or a manager.

Documentation – Retain all documentation relating to the dispute. Signed contracts, invoices, HR records and correspondence may all be useful should your matter go to court.

Objectives – In some cases the origin of a dispute can become obscured by emotions. Try to determine exactly what you want and ask the other party what they want. This will give you the right perspective to find a resolution.

Compromise – Do not confuse compromising with losing. In many cases giving up a small point could ultimately save you a great deal of time and money.

Mediation – There are many reasons why it may be impossible for you and the other party to reach a compromise on your own. In such cases you may benefit from professional mediation. Mediation has several benefits over court action. Mediation can be more cost effective and unlike public court hearings, mediation is confidential. Mediated settlements are often easier to collect, as both parties agree to them; however, if the other party does not comply, mediated settlements are fully enforceable in court.

Court - Some matters can only be resolved in court. Talk with your lawyer about the best legal strategy for your matter. Depending on the nature of your dispute, small claims court may be an option.

Learn – Every dispute or challenge is a learning opportunity. Think about how you can avoid problems in the future. Apply those lessons to your company policies and train employees accordingly. Do you need to improve your contracts? Should you refresh your employee manual? Do employees need additional training? Turn a difficult experience into something that will help you and your business grow.

Get the Answers You Need,
When You Need Them

Shop Plans
LegalShield Editorial Team
Author
LegalShield Editorial Team

Written and maintained by the LegalShield content team, covering legal and identity protection topics for individuals, families, and small businesses.

Share this article
​
Label
​
Label
​
Label
​
Label

Related articles

​
Back to Learning Center
Two women discussing documents during a business meeting
Small Business
13 min read
How to Dissolve an LLC: 4 Considerations to End Your Business

Dissolving an LLC can be tricky, and doing it without guidance can lead to unnecessary stress and delays. We’ve put together some helpful information so you can start the LLC dissolution process with more peace of mind.

•
13 min read
Two people sitting at a table in a bright office environment.
Small Business
15 min read
Common Components of Employment Contracts in the US

An employment contract is an important piece of paperwork because it defines the working relationship, your expectations, and conditions. Here are some of the common components included.

•
15 min read
 Small business owner standing next to an open sign.
Small Business
6 min read
What DBAs Are and Why Businesses Use Them

A DBA is a name registration that lets you run your business under a name other than your personal legal name or legal business entity. While a DBA offers branding flexibility and market expansion opportunities without creating a new legal structure, it does not provide legal liability protection, tax benefits, or function as a business license.

‍

•
6 min read
Two people standing in a newly-built house, planning the interior.
Small Business
6 min read
How to Manage Potential Risk With an Indemnity Agreement

An indemnity agreement settles the “who is responsible” question ahead of time. One party promises, in writing, to cover certain losses tied to the work, so the other isn't left with the bill. These promises appear in construction contracts, leases, and business sales.

‍

•
6 min read
A business owner who successfully transferred their LLC to another, new owner.
Small Business
11 min read
How to Transfer an LLC to Another Person

Whether the goal is selling a company, bringing in a business partner, or passing it to a family member, the LLC ownership transfer often involves reviewing the LLC's operating agreement and the applicable state's rules.

•
11 min read
*See your plan contract for details. Additional fees, limitations, and waiting periods may apply.