Do you know how many companies close every year as a result of business partnership civil disputes? Problems between partners open the door to mistrust and divert the attention of the company’s managers from where it should be: running the company.
Over the years, we have seen four of the most common types of civil disputes between business partners. Each of them is different, but in the end money, power or organisation, vision and family problems are the most frequent.
Photos of people after preventing a business partnership civil dispute
Here are four tips for preventing business partnership civil disputes.
1. Prevention (or a partnership pact) is the best solution
A partnership agreement can help prevent business partnership civil disputes by providing a clear understanding of the expectations, roles, responsibilities, and obligations of each partner. The agreement can cover important matters such as profit sharing, decision-making procedures, dispute resolution mechanisms, and exit strategies. When all partners have agreed on these terms, it becomes easier to avoid misunderstandings and disagreements, which can lead to civil disputes.
Additionally, having a written agreement can provide a roadmap for resolving disputes should they arise, and can also help set the standard for future partnerships.
2. Contextualise the dispute
Contextualising a dispute means taking a comprehensive approach that considers all relevant factors and perspectives when resolving a conflict. This approach can help prevent business partnership civil disputes by providing a deeper understanding of the root cause of the conflict, and by exploring all possible solutions.
Contextualising a dispute involves considering the historical context of the relationship, the goals and expectations of each partner, the business environment, and the impact of the dispute on all parties involved. By looking at a dispute from multiple angles, partners can find common ground and reach a resolution that is fair and mutually beneficial.
Additionally, contextualising a dispute can help create a more collaborative and respectful atmosphere, where partners can discuss their differences in a non-adversarial way. This approach can also encourage partners to work together to find creative solutions that meet their needs and align with the goals of the partnership.
Overall, contextualising a dispute can help create a more productive and harmonious business partnership, and reduce the likelihood of civil disputes.
3. Establish Effective Communication
Communication is key in any relationship, and a business partnership is no exception. Regular meetings and open and honest discussions can help address any potential issues before they become major disputes. It is also important to have a clear process in place for resolving conflicts, such as mediation or arbitration.
By establishing effective communication and dispute resolution processes, partners can work together to prevent disagreements from escalating into costly legal battles.
4. Seek legal advice if necessary
Seeking legal advice before entering into a business partnership can help prevent civil disputes in several ways:
Drafting a solid agreement: A lawyer can help draft a comprehensive written agreement that clearly outlines the roles and responsibilities of each partner, as well as the decision-making power of each partner. This agreement can serve as a blueprint for the partnership and can help prevent disputes by providing a clear understanding of each partner’s obligations.
Addressing potential legal issues: An experienced lawyer can help identify potential legal issues that may arise in a business partnership and provide guidance on how to address them. For example, a lawyer can help ensure that the agreement complies with all applicable laws and regulations.
Resolving disputes: If a dispute arises between partners, seeking legal advice can help resolve the issue in a fair and efficient manner. A lawyer can help negotiate a resolution, mediate a dispute, or represent the client in court if necessary.
Protecting interests: A lawyer can help protect the interests of each partner by ensuring that the agreement is fair and balanced. This can help prevent future disputes and ensure that each partner’s rights are protected.
In summary, seeking legal advice can help prevent business partnership civil disputes by providing guidance on drafting a solid agreement, addressing potential legal issues, resolving disputes, and protecting the interests of each partner.
At Mishoura, we can help you find the most suitable a commercial dispute lawyer who is also very focused on collaborative law and the prevention of business partnership civil disputes through civil commercial litigation, without needing the assessment of a judge.
Also read: 4 Questions to Ask Before Hiring a Lawyer
