Everyone knows that you only go into litigation when there is absolutely no way to reach an amicable resolution of a disagreement. When you do need to engage in litigation, you should try to get it over at the earliest because the longer it carries on, the more expensive and frustrating it becomes. The best thing is to avoid a situation where you are left with no option but to fight it out in the court. Some useful tips on avoiding litigation:
Create Agreements That Are Clear and Free of Inconsistencies
It can be common for contracts to be incomprehensible, inconsistent, and confusing. Many a time, the standard clauses do not agree with the terms laid out elsewhere in the document. Sometimes even poor quality of drafting may make the contracts incomprehensible, paving the way for disagreements. You should always insist that any contract you enter into should be clear and comprehensible, and not open to ambiguity. According to https://www.nolo.com, it is important to identify the parties correctly so that it is clear who is responsible for what.
Consult a Lawyer before Signing Off on an Agreement
Even though certain contracts may be routine, it is always advisable to take the assistance of a reputed law firm such as Cohen Garelick & Glazier an Indianapolis law firm that has built up a formidable reputation in contract law. It will help to ensure that there is no ambiguity or lack of clarity in the contract. Investing a little time and money at the very outset can help to prevent potential disputes that are detrimental to both profitability and relationships.
Follow the Terms of the Contract
Even though both parties take the time to discuss and chalk out detailed agreements, very often, the root cause of litigation is that one or both the parties simply did not bother to abide by the terms or specifications outlined in the contract. Sometimes the disagreement happens because the commercial team and the production team are not on the same page, and the company tries to fulfill the agreement using established practices rather than conforming to what the contract specifies. To avoid disputes, make it a point to read and follow the terms of the contract or get the other party to sign off on any variances planned.
Try to Negotiate, Not Bully
When there is a dispute, it is common to think that you can wriggle out of the situation by taking an aggressive stance using a top lawyer firm. However, very often, this leads to an escalation of the issue. It is more practical to try to discuss and sort out the dispute amicably. By making a compromise, you may still be able to retain the client, which is generally impossible when there is protracted litigation.
Even if you exercise great care when executing a contract, there is always the possibility of a dispute arising. By trying to sort the matter out before it reaches a stage when the only solution is to fight it out in a court, you can avoid the needless expenditure of time, effort, and resources that can distract you from attending to your business.