Running a business is not all it is cracked up to be some days. This is more so true when you need to deal with business disputes.
There are a number of ways to handle disputes in a workplace setting. What you choose to do will be based solely on your preferences, budget and how effective you think the methods may be in your particular workplace. For instance, the first thing you might want to try is direct negotiation. It does not cost that much to accomplish, but, it is not always the easiest way to get things done. People will be people and they are not always easy to deal with, so you need to be prepared before you try direct negotiation.
An example of getting ready to enter into direct negotiations would be that you, and hopefully the person you will be negotiating with, will be very clear on what is wanted, why it is wanted and how valuable the future relationship is with the other person.
Having done that, you then need to try and understand what the situation looks like from the other person’s point of view. That means you must take the time to really listen, understand, observe and ask questions to clarify. If all goes well, you can then draft an agreement that works for both parties.
If you are not comfortable with direct negotiation, and many people are not, you might want to try mediation. This simply means finding a way for the problem to be solved or resolved, not to figure out who is right or wrong.
The parties involved in mediation get to tell their respective stories to a neutral third party; one who does not have any authority to make decisions. They are there to facilitate a resolution to the situation – period. Of course, the solution needs to be okay with both parties. None of the material used during mediation is useable in court, a point you need to remember when considering your options for dealing with business disputes.
The next step after mediation is arbitration. This is when you take your business dispute to a neutral arbitrator who goes over all the evidence, hears both sides and then delivers a binding decision. Even if the parties to the arbitration do not like the decision, they have to accept it. This process is more time consuming and thus is usually more expensive, if you have budget concerns.
When all else fails, and in some cases, it does fail, you still have the legal option. This would involve letting a judge figure out who is right or wrong and making a decision. Most civil cases do not get that far, simply because they settle out of court to save money. While litigation is a definite option, it has two large drawbacks. It will generally ruin any working relationship between the parties and it can be costly.
What options would suit your business style? That would be something for you to determine, but generally speaking, the option that best suits your dilemma is one that suits your management style.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
