Pre-Litigation Negotiation of Complex Disputes
An individual or company involved in a business dispute is sometimes best served without resorting to litigation. At Magleby Cataxinos & Greenwood, an attorney will, during an initial case review, listen carefully to the client not only to determine the facts surrounding the dispute but to determine the client’s goals and reasonable solutions. Every client is then given candid legal advice based on the lawyer’s experience in civil and business litigation.
A contract may not have anticipated an event, and may need to be renegotiated. Parties to a business deal may not agree on their respective responsibilities. In most cases, problems have been developing long before clients seek legal counsel to resolve a dispute, and much of the information necessary to determine the outcome of the case is not available. Litigation is not the only way to get that information. Attorneys can sometimes work with opposing counsel and arrange for an exchange of information that protects their client’s rights, allowing them to get to the heart of the matter quickly. Once that information is available, it is the lawyer’s responsibility as counsel to help the client view options realistically.
Negotiations can be far more productive when the party is represented by an attorney with the experience in civil litigation to accurately evaluate the potential consequences of each point of compromise, exclusion, or agreement. The lawyer must determine when an issue must be covered and addressed in order to protect the client and when it is reasonable to close the agreement without satisfying a point that can be safely addressed at a later date. The firm’s attorneys have that experience. If negotiations in a complex dispute have brought their client close to resolution, the lawyers may institute formal mediation processes to help parties reach a final agreement.