Strategies for Resolving Complex Commercial Disputes


Resolving complex commercial disputes can be an arduous, time-consuming, and expensive process. It is essential to have a well-thought-out strategy to maximize the chances of satisfactory resolution and to minimize the risk of protracted and costly litigation.

We will discuss the strategies available to parties to resolve complex commercial disputes, including pre-litigation strategies, alternative dispute resolution (ADR) strategies, and litigation strategies. We will look at how to assess the factors that are driving the dispute, how to develop an effective strategy, and how to evaluate the efficacy of the strategies pursued.

1. Utilize Mediation and Negotiation

Utilizing meditation and negotiation is one of the most effective strategies for resolving complex commercial disputes. These techniques can be used to identify and address the underlying issues of a dispute in a collaborative and cost-effective manner. This approach also promotes respect and understanding, which is essential in commercial disputes as all parties involved should aim to maintain a positive, ongoing business relationship.

2. Analyze the Issues Carefully

Analyzing the issues carefully is essential for resolving complex commercial disputes. It is important to identify the issues, determine their scope and nature, and explore available options. When analyzing the issues, it is important to consider the legal, economic, and practical implications of each option. The analysis should take into account the perspectives of all the parties involved.

3. Seek Legal Advice, if Necessary

When trying to resolve the dispute on your own has been unsuccessful and tensions remain high, it may be time to seek professional legal advice. Jeremy Schulman can assess the facts and advise you on the best course of action. It may be necessary to bring a claim in court, or to accept an out-of-court settlement.

Overall, there are a variety of strategies that can be used to resolve complex commercial disputes. Each strategy has its own benefits and drawbacks. Ultimately, it is up to the parties involved to decide which option is most suitable for them and their particular situation. With the right approach, these disputes can be resolved with minimal disruption to the businesses involved.