1. How to Avoid Business Disputes
2. How to Resolve Business Disputes
3. Commercial and Personal Disputes

The business dispute definition relates to any kind of disagreement between two businesses over the terms of an agreement signed by both parties involved. They can happen in any kind of business arrangement and are mostly inevitable over a company's lifetime.

The most frequent contract disputes are between business partners or between a business and certain contractors, suppliers, or clients. They usually happen when one of the parties believes either the amount of money paid, the delivered good or service, or the timeframe in which the good or service was delivered were not executed according to the original agreement.

The most common business disputes occur when a certain product fails to meet the stipulations made in the product's warranty or harms the consumer in any way. Another common example of a business dispute is a disagreement between employers and current, former, or potential employees. If the employees feel threatened or harassed by a company, they have a right to file for business claims.

How to Avoid Business Disputes

While no business can be immune to business claims, certain preventive measures can certainly reduce the odds of them happening. Here are a few ways to limit the chances of someone filing a business dispute against your company.

  • A well-made set of procedures and policies that are known beforehand, both by the company's employees and its clients or business partners, will limit the possibility of business disputes occurring. An example would be using standardized forms and contracts that are used throughout the respective business industry as a way of limiting any possible contract disputes.
  • A good policy set regarding hirings and firings should also rank high on a company's agenda in order to prevent as many disputes as possible. A well-trained employment lawyer should be able to draft such policies so that they are both universally applicable and respecting of the current employment laws.
  • If a business regularly deals with customers, identifying any potential hazards your product might cause and clearly labeling the products with warnings will also steer you clear of most disputes.

How to Resolve Business Disputes

As previously mentioned, some business disputes are unavoidable. Depending on the dispute's nature, there are a few ways to deal with them.

If the claimed damages are within the limits of what is defined as small claims, you can appeal to a small claims court to resolve your employment or payment disputes. Most business contracts have special clauses that require the parties involved to seek alternative ways of resolving the dispute before filing suit. Such ways are either arbitration or mediation.

Arbitration is somewhat similar to an actual trial in the sense that both parties argue their claims to an appointed arbitrator, who takes everything into consideration and then offers a solution.

Mediation is a way of finding a solution to a dispute, where an appointed person called the mediator works with both sides in order to find the compromise and therefore end the conflict. Unlike an arbitrator, who is there to decide on the solution, the mediator's role is solely to help the two sides find common ground and settle the issue out of court.

Commercial and Personal Disputes

As the name would suggest, commercial litigation refers to any type of dispute that arises in a business environment, such as arguments over a contract, within a partnership, class actions, civil claims, shareholder issues, and others. These disputes are usually conducted by professional commercial litigators, who are there to produce the best possible outcome for the party that hired them. Disputes can occur between businesses or between a business and a government agency.

While business disputes are usually impersonal, family disputes have an emotional component that can seriously complicate matters. Although the overall stakes in family disputes are smaller than in disputes involving companies, they are extremely important to the entire U.S. economy as a whole. The reason for that is the enormous number of family business in the country. All of them combined employ approximately half of the nation's working population and therefore contributes a substantial amount to the country's gross domestic product. Aside from the impact on the overall economy, family disputes often have dire implications for those directly involved.

If you need help with the business dispute definition, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top five percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.