When entering in to any negotiation (or any dispute), it is tempting for the lead negotiator to try to decipher the objectives and motivation of their opposite number. That exercise will always produce imperfect results. Instead, be sure to conduct a proper analysis of your own motivation and ask yourself these questions:
When you’re involved in a dispute, your business will benefit enormously from the advice of an experienced dispute resolution solicitor who has seen disputes of that kind before and who is very familiar with the process. Businesses are keen to avoid cost and there is no doubt that professional services are costly. Here are some suggestions for maximising the value you receive.
Have you heard the phrase ‘90% perspiration, 10% inspiration’? It applies to many things in business and negotiating your next deal is no exception. For some reason, many business people believe that skill in negotiation is down to natural personality, charm or ‘gift of the gab’. Those things can help but the fact is that negotiation skills can be learned. A well prepared but inexperienced negotiator can achieve a better outcome than a more experienced counterpart who is ill prepared.
Clients often ask this question. The facts seem clear. The law seems clear. The other side have no case. But they carry on oblivious and all efforts to show them that they are on a hiding to nothing, fall on deaf ears. And that can mean that a court case that should settle early drags on and costs more.
Generally, litigation – the process of taking a dispute through the court to a final judgment – is something that any business will want to avoid. It can be as expensive as it is time consuming, and there are often much more efficient ways to resolve your dispute out of court. That is why alternative dispute resolution, such as arbitration and mediation, is becoming increasingly popular for businesses.
A garage that had used the same branding as the AA’s breakdown and repair service on a number of company vehicles and online adverts has admitted infringing copyright laws.
Benjamin Franklin said “Time is money”. Surely no-one who runs a successful business doubts that he was right. Management time is the most valuable of all. Few things suck the time of executives and business owners than disputes. Worse still, disputes are emotionally burdensome to even the toughest and most experienced business people. Some disputes are so serious that they can’t be ignored and must be dealt with at the highest level. In those cases, a prompt resolution process is needed.
Disputes swallow up management time, cause stress and injure business relationships. But few businesses that have traded for some time will have been able to avoid disputes altogether. The next best thing is to resolve any dispute quickly and cost-effectively; mediation is a very effective method of doing that.