Before we explore hiring a business dispute lawyer or business litigation lawyers Melbourne, let us briefly understand what constitutes business disputes. Business disputes do arise in most businesses when a disagreement over terms enshrined in a contract binding both parties occurs. But, apart from such disagreements, business disputes can also stem from a host of other factors including the type of business, history of transactions and the legal jurisdictions where the business is situated. 

Most common business disputes

Businesses that employ suppliers, purchasers, contractors or partners in the business often encounter disputes over the terms of such contracts. For instance, one party can feel that they did not receive a proper price in terms of the contract. In another instance a customer may believe that the goods/service delivered did not meet the promises made, or the product/service was delivered outside the agreed time frame.  In all these instances, a contract disagreement can potentially become litigation.

Employment-related disputes concerning hiring, termination practices, promotions etc. can also become business disputes and in most jurisdictions, there are specific laws that govern and protect the interests of employees and when employers deviate from the specified laws and regulations, they expose themselves to legal consequences and claims. One way you can avoid business disputes with regard to employees is to frame well thought out employment policies covering all aspects of the employment and complying wholly with all the legal requirements in that regard. Most business lawyers can assist you in framing these policies and ensuring that you enjoy a smooth relationship with your employees. 

Intellectual property rights are another area where businesses can attract disputes irrespective of whether such rights were violated without the knowledge or with full knowledge.  Business logos often attract this type of dispute and can at times turn out to be pretty expensive for the business that violates the rights attached to the logo. 

Preventing business disputes

Before initiating legal steps, you can consider alternate methods of resolving business disputes. You can get help from business litigation lawyers or business lawyers. Merely because you are consulting a legal professional does not mean that you will proceed with instituting litigation or defending litigation hoisted against you by another party. The role of legal professionals in this instance is to critically analyse the merits and demerits in your case and provide informed advice on whether you should proceed with litigation or explore ways to resolve the dispute without the intervention of the courts.  Many business disputes have been amicably resolved in the past this way, and your case cannot be an exception. 

Resolving business disputes

Many businesses often take recourse to ADR or an Alternate Dispute Resolution clause in the contract. Clauses like this require parties to any contract explore alternative means of resolving disputes like mediation or arbitration before taking the dispute to the courts. Therefore, when the subject matter of a dispute involves a contract with the ADR clause, the courts will first examine if all the ADR options have been exhausted.  Generally, outstanding bills, employment issues, debts can be resolved through the ADR route so long as the amount involved falls within the pecuniary limitations under ‘small claims’.

When you take the ADR route, the arbitration will involve one or more arbitrators as enshrined in the contract and the proceedings before the arbitrator will be pretty much similar to what happens in a court. Both parties will argue their case before the arbitrator/s either in person or through an attorney as provided under the contract. Once the arguments are completed, the arbitrator/s consider the arguments placed before them and help the parties in arriving at a workable solution.

Mediation

Mediation is a similar process of conflict resolution where a third party mediator assumes the role of the arbitrator/judge. However, mediation is not the same as arbitration since a mediator does not hand out a decision and only attempts to help the parties reach an amicable solution. 

When business disputes remain unresolved even after exhausting the ADR provisions, the party initiating the dispute will approach the court for resolution. 

Hiring your business litigation lawyers Melbourne 

Once a business dispute reaches a stage where an appropriate resolution can come only through the intervention of the courts, you should find a suitable business dispute lawyer or business litigation lawyers Melbourne. It is very important that you find the right lawyer to prosecute the case and get you the desired relief. Specialization applies to the legal profession too just like health and engineering professions. The business lawyer you entrust your case with should have several years of experience successfully handling similar disputes and have a good standing in the local bar council or other professional associations. 

Before engaging a business dispute lawyer to prosecute your dispute in the courts, you must satisfy yourself that the particular lawyer or law firm has a history of winning similar disputes. The process of finding the right lawyer or law firm can involve initial discussions with multiple individuals or law firms.  Apart from the details of your dispute, you should also prepare a set of questions to ask your lawyer. Do not hesitate to ask pertinent questions and elicit the answers since that will give you an insight into the experience and expertise of your lawyer. 

Once you have zeroed in on a particular lawyer or law firm, hold another round of discussions when your lawyer will examine the details of your dispute, take notes and prepare an action plan. This action plan will set the tone for the litigation and this is also the time when your lawyer will spell out the potential cost of your litigation as well as the probable time that would be consumed in finding a resolution. 

Conclusion

Take your lawyer into absolute confidence and disclose any material facts that can impact the progress and resolution of your dispute. Do not allow the opposite party to spring surprises with documents or facts that can potentially defeat your case and make it difficult for your lawyer to counter such facts/evidence.