A business dispute is a disagreement between two or more business partners. An issue could be related to a relationship, a contract dispute, disagreements over the terms of an agreement, or other issues.
Various types of business disputes will be discussed in this article, along with a guide to resolving them.
Business Disputes – Types
Disputes concerning claims: This type of business dispute occurs when one party believes that another party has violated their rights under the law. Depending on the type of claim and the remedy sought, the court has the authority to decide the case. When a party sues another for money damages, a civil court may have jurisdiction over the case.
A claim may, however, not require actual money damages or involve allegations that would, if proven true, be criminally prosecutable – in these cases, jurisdiction is determined by the parties’ residency. A civil court or administrative agency (federal or state) may hear claims involving fraud, personal injury, copyright infringement, trademark violations, etc.
Breach of Contract Disputes
If one group fails to perform its obligations under a contract, the other party has breached that contract. According to the contract, the aggrieved party may sue for damages or specific performance of the agreement.
A party who commits a non-monetary breach of contract cannot seek monetary damages. Suppose one party agrees to repaint another’s fence but fails to do so. The party with a painted fence cannot then sue for the cost of painting the fence. Nevertheless, monetary damages are recoverable if a contract is breached.
The interests of co-owners and business partners may also cause disputes. Additionally, disputes may arise between shareholders of corporations and directors of businesses.
Businesses have developed procedures for resolving disputes that occur in the ordinary course of business. However, these processes are ineffective at resolving claim disputes because they tend to be geared toward non-monetary breaches.
An employee who is terminated by their employer often believes that they were wrongfully terminated. There could be a defamation of character on the part of the employer, a violation of public policy, or a breach of contract.
Most employment disputes fall into two categories: wrongful termination and discrimination. Wrongful termination occurs when an employer takes adverse employment action against an employee based on the type of work, the hours of work, the location of work, and so on. In a discrimination lawsuit, a worker claims that his employer has taken an adverse employment action against him because of his age, race, disability, etc.
Disputes can also arise if a former employer fails to adhere to the terms of employment contracts, including agreements not to compete, disclose confidential information, or recruit.
Different ways to resolve business disputes
Business disputes can be resolved in several ways:
It is a method of resolving disputes that require the parties to present evidence and arguments to an arbitrator, who then rules. Arbitration hearings usually take less time and cost less than litigation. Arbitration hearings are also less formal.
When the chances of success are low or money damages are insufficient to compensate one party, mediation is a good alternative to litigation. Mediation is a process in which disputing parties work with an unbiased third party who facilitates discussion and assists them in arriving at a compromise. The court or a non-profit organization can act as a neutral third party.
Litigation is a more formal process than arbitration or mediation and involves attorneys presenting evidence to a judge or jury. A successful trial means that one party prevails over another.
There are several ways to resolve business disputes outside of litigation, but litigation is generally the next step if the other options do not work. When it comes to litigation, you need commercial litigation solicitors by your side.
Disputes in business can occur for a variety of reasons. Parties should carefully review their contracts to prevent conflicts, and be sure that they understand what is written in them. If a dispute arises, there are several ways to resolve it. The best resolution method depends on the specific situation.