Disputes are inevitable when it comes to running a business. Though many common commercial conflicts are easily avoided, some disputes can escalate if they are not managed efficiently.
If you are one of the 81,678 active businesses in Sydney, you run the same risk of encountering business disputes on a daily basis. Thankfully hiring a commercial litigation lawyer Sydney can save you from many legal troubles that can drastically affect your business.
Nonetheless, here are four practical tips for avoiding commercial disputes.
- Maintain transparency in agreements
Many times, businesses try to save money by not taking any professional advice from legal experts. They put content from some other agreements into their own and end up creating a lot of confusion for all the stakeholders.
It’s best to finalise the terms of agreements in the presence of all the concerned parties to maintain the highest transparency in agreements. That way, all the stakeholders can put their terms in front of concerned parties and discuss them on the spot. This transparency will reduce the possibility of any disputes in the future.
- Carry necessary due diligence and research
Many business owners jump onto new business opportunities without thinking much. They often fail to do the minimum research about the brand or people who are running that business.
This lack of research puts their business at risk, and may even lead to legal complications in the future. Doing business with a company when you don’t fully know enough about them is unadvisable and is bound to lead to conflicts in the future, be it legal or commercial.
As a business, it’s your responsibility to do an essential background check into the other company’s market position, legal history, and brand partnerships to determine whether to proceed with the business association or not.
Make sure you carry out the due diligence before you sign any contract, or you may end up having to pay money to terminate the contract later because you learnt something about the other company.
- Plan the way for dispute resolution in the contract itself
It’s good to be all prepared when it comes to associating with other businesses. You might think it’s unnecessary to be pessimistic about the partnership, but when things go south, even your closest associates can turn on you.
That is why you should always include an action plan for possible conflicts. Include the set of actions that will be taken if any of the parties breaks the agreement.
It’s also essential for both parties to mutually discuss and agree upon the terms of that action plan. It will ensure that there aren’t any other conflicts while resolving the existing conflict.
Official business addresses or the regions of operations also affect which laws apply if things go to court. So, cross-border businesses need to be much more conscious about this, as it can create conflicts if both parties belong to different countries.
However, if both the companies are operating in Sydney, it makes more sense to hire a commercial litigation lawyer in Sydney as they will know Australia’s state and federal laws about commercial conflict resolution.
- Maintain the right documentation
Business documentation plays a vital role in business associations. Hence, it is important to file and store the essential documents of the business partnerships, such as contracts, due diligence reports, etc., carefully.
These documents will help you in times of conflict and eventually help you win any possible lawsuits.
