Dealing with business disputes
If you are involved in a business dispute, take these steps to resolve it quickly and efficiently. We will show you the most common types of business disputes and how to resolve them.
This is a guest blog from adamslaw.ie
What are commercial disputes?
Business or commercial disputes arise just as often within companies and partnerships as they do between them. When two parties have conflicting ideas on something like a contract, shareholding, or other core elements of their business relationship, it can be difficult to settle the disagreement without taking legal action. Unfortunately, these disputes can take months to resolve and can sometimes degrade into long and costly court battles. Not every dispute needs to reach this point though; mediation is an effective way of trying to find common ground and that allows both negotiating parties some control over the outcome. Allowing for an interpretation of laws and conditions outside of what was previously agreed on can sometimes provide a satisfactory resolution before matters escalate out of hand.
The types of conflicts our clients face
Making money is difficult, and when it comes to arguments between investors, shareholders and partners, disputes with employees and directors, or disagreements with customers and suppliers, things can take a nasty turn. Through comprehensive legal services that are tailored to each client’s unique situation, we have been successful in assisting with a wide variety of topics – making sure their business is protected from the potential negative consequences of conflicts.
Commercial contracts are essential in both large-scale and small scale business activities, yet they often lead to disagreements among the parties involved, which can have far-reaching consequences. A breach of contract, for instance, occurs when one party fails to either correctly fulfill their duties as laid out in the contact or comply with the high standard of quality that is mandatory for all contracts. Should such a dispute arise, there are ways to be pro-active such as mediation or arbitration – however it is also important to ensure that all commercial contracts adhere to current regulations and requirements. In order to guarantee this happens, it may be necessary to seek the advice of a commercial solicitor who will be able to review existing contracts, draft new ones and offer an effective solution that is legally binding.
It is important for all shareholders to have a clear understanding of their rights and responsibilities, which is why it’s essential to enter into a shareholder agreement. This contract defines the relationship between the shareholders and outlines clearly who has voting share rights.
It also sets out obligations of the parties involved in relation to financial management issues, decision-making rules, information disclosure issues and more. A shareholder’s agreement is a great way for all shareholders to be on the same page about how the company should be run. Doing this can prevent conflicts amongst investors, help boost confidence that decisions will be made with full transparency and fairness and ensure that each individual’s expectations are met in regards to their investment.
Supplier disputes are a fact of life in business, but they don’t have to be overly disruptive or damaging. Usually arising when two or more parties involved in the supply chain disagree over quality, price, or delivery terms, these disagreements can create a number of problems – particularly if they escalate to potentially costly commercial court proceedings. But by entering into a comprehensive supplier agreement from the outset, businesses can protect their rights and ensure that everyone involved is aware of their own obligations and responsibilities. That way, you can maintain a smooth and uninterrupted flow of goods and services, allowing your company to remain competitive in the marketplace.
Licensing is have increased in prevalence over the past few decades, used in a wide variety of contexts ranging from franchising to entertainment. Unfortunately, disputes are becoming more widespread and can be difficult to resolve without legal expertise. Such disputes typically arise when two or more parties fail to agree on the terms of a licence agreement, or when an individual attempts to use copyrighted work without consent from the original owner. In such cases, litigation lawyers must thoroughly review the contracted documents and analyse their contents in order to determine fault; if infringement has taken place, measures can be taken against the infringing party either through legal negotiations or court proceedings. With this in mind, it’s important to get professional assistance from experienced litigation lawyers such as Adams Law LLP who understands exactly how to navigate these tricky situations and protect an individual’s rights and interests within subects involving licence agreements.
The rules and regulations of Competition Law are designed to promote fair competition, protect consumer welfare and prevent businesses from dominating a market. These disputes usually revolve around unfair advantages, pricing, marketing and product design – all activities that can have significant implications in a competitive market. Fortunately, we now have legal recourse available to us in the form of Competition Law Disputes – an area of law which is increasingly becoming important in this globalised world. Because of the complexity of these cases, it is necessarily important that they be resolved by either negotiation or mediation between disputing parties. In more serious cases where criminal offences may have taken place, court procedures provide a better opportunity to resolve the issues at hand with legal representation.
Product Liability Disputes
Product liability claims are complicated. Because they can involve multiple parties, including the manufacturer, distributor, and retailer of the product, they can require a thorough understanding of different policies and regulations. International differences in laws and jurisdiction make it even more crucial to have expert legal representation when facing any product liability dispute. Fortunately, Ireland has experienced international business lawyer such as Adams Law LLP who possess an extensive knowledge base for tackling these often very complex claims. By consulting with one of these lawyers before pursuing a product liability claim, you’ll be giving yourself the best chance to get the resolution you deserve.
Employers that take employee complaints seriously have a primary responsibility to protect the rights of their workers and ensure a safe and healthy work environment. Failing to do so can have far-reaching consequences such as costly legal proceedings, reputational harm and ultimately financial losses. Taking employee complaints seriously is therefore essential part of compliance with labour standards, as well as being necessary to maintain good employee relations, leading to healthier and more productive workplaces. Furthermore an experienced employment lawyer can provide invaluable guidance on understanding workplace rights, as well as how to avoid or resolve disputes in ways that are both cost effective and protective of the rights of employees.
Defamation is a very serious issue that can cause major problems for businesses and individuals. When false statements are made about someone or a business, it can completely ruin their reputation and lead to financial losses. While there are some cases where this type of aggression is ignored, it isn’t advisable because the impact on those affected could be huge, but thankfully the legal team at Adams Law LLP are here to help if needed. Through expert advice and comprehensive litigation services in defamation cases, they can assist those who have had derogatory lies said about them. With this expertise behind them, anyone facing false allegations can protect their reputation once again and begin rebuilding in peace – as no one should have to from suffer from such defamatory comments.
Intellectual property is a key asset of countless businesses, and its wrongful use by another can take a tremendous toll on a company’s sales and competitive edge. If infringement is suspected, it is critically important to identify the party responsible, along with collecting reliable evidence of the breach. This may involve retaining documents or obtaining records from the offending party. In order to protect their IP rights and recover damages due from an infringement, a business may need to take legal action such as initiating a lawsuit or evoking settlement negotiations. With an experienced firm like Adams Law LLP on your side, any business can successfully defend its intellectual property rights – no matter the degree of challenge presented.
Health and Safety
Clear policies and procedures for health and safety are essential for businesses to manage any potential risk of harm to staff or customers in the workplace. Not only does this increase an organisation’s ability for effectively resolving any disputes quickly and efficiently, but it can also encourage greater awareness as well as responsibly among employees regarding their duty of care when it comes to health and safety within the workplace. It is important that businesses complete regular reviews in order to remain complaint with regulation and guidelines from Ireland and EU. It is also beneficial to equip staff with continuous training on how to uphold health and safety standards effectively. This way, businesses can reap the benefits of having a safe environment without incidents or delays due to mediation needed in case of complaints related to health or safety issue.