No business is immune to conflict. Whether it’s a contract disagreement, a client dispute, or internal friction between owners, legal issues can surface quickly—and derail your operations just as fast.
What matters most isn’t whether a dispute arises—they inevitably do in business—but how you respond. Here’s a streamlined approach for handling conflict strategically before it escalates.
1. Call Your Business Attorney
When a potential business dispute arises, your first call should be to your business attorney—not your business partner, customer, or vendor. Early legal guidance helps you assess risk, protect your position, and avoid costly missteps that could escalate the conflict, and your attorney will guide you on evaluating the next steps in plan.
2. Get the Facts, Don’t Run on Emotion
It’s tempting to fire off a response when you’re frustrated or blindsided. Don’t.
Gather the relevant documents: contracts, emails, payment records. Review your obligations. And pause before reacting publicly or over email. Emotional reactions can create legal liabilities. Don’t put anything in writing that you don’t feel comfortable talking about under oath in a deposition.
3. Understand Your Position
What does your contract say? Are there notice requirements, cure periods, or dispute resolution clauses? Do you have written proof of your performance or the other party’s breach? What are your obligations to resolve disputes? Your attorney will outline your rights and obligations—and risks—so you are in a stronger position to pursue, defend, or resolve the dispute.
4. Evaluate the Business Impact
Assess the real-world consequences:
- What’s at stake financially?
- Will the dispute affect operations or reputation?
- Is preserving the relationship important?
Litigation is a tool—but it is not always the best tool to help you achieve your business goals.
5. Decide Whether to Act, Wait, or Settle
Not all disputes require immediate action. Sometimes a strategic demand letter gets results. Other times, silence is more powerful. And when the other party is pushing hard, you may need to respond with legal action.
In working with your business counsel, you will make the best decision for your business when you consider your legal exposure and business priorities.
Your First Move Sets the Tone
How you handle a dispute in its early stages often determines how costly—or successful—the outcome will be. Whether you aggressively litigate, or resolve the dispute quickly, clarity and strategy are everything.
Consult with the Frazer Firm
We guide Florida businesses through high-stakes disputes every day—with strategic counsel, clear communication, and a focus on your business goals. 📞Call us at (561) 295.1551 to assess your options and protect your business.
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