No matter what type of New York business you own, you are likely no stranger to obstacles in your path to success. In a proverbial business sea, the waters are sometimes crystal clear and easy-to-navigate while in an unexpected moment you can go from smooth sailing to be being tossed around on stormy waters threatening to plunge you to ruin. Somewhere in between is where most business owners thrive, rising above rough tides now and then and taking advantage of the perfect wave when it rolls in.
If you're like most other business owners throughout the state, you undoubtedly try to avoid litigation as best you can. There are indeed many tools and business styles that can help you address your problems head-on without getting dragged into court every time you turn around.
If you see a business dispute brewing, whether among owners, or with third-parties, the use of mediation, is a great tool for solving problems without litigation. Our attorneys are trained and certified in mediation skills.
A great time to deal with problems is before the occur. That is why we always recommend that business owners have a shareholders agreement or LLC Operating Agreement. A sure way for handing internal disputes among owners, is to have clear rules, written when the owners are on good terms, and far before any dispute arises. Our business attorneys can help you plan ahead.
Keeping these issues in mind may help you avoid trouble
Hopefully, you brushed up on your negotiation skills way back when you were first dreaming of owning your own business. A bit of diplomacy and fair treatment goes a long way toward continued business success in most cases. The following ideas can also help you overcome disputes as well as line up effective resources for help if needed:
- Just because you understand what you mean when you say it doesn't necessarily mean the party to whom you are speaking shares your understanding. Clear communication skills are high on the list of things that can help you avoid litigation. Especially where contracts are concerned, it often helps to have an experienced business and commercial law adviser review a proposed agreement before you sign it to make sure everyone involved clearly understands what is at stake as well as what individual obligations and responsibilities take hold once signatures are added.
- The whole "do unto others" philosophy is often true when it comes to how to keep up good business relations with your employees and clients. Looking past to your needs and goals to where your worker or client is coming from is a good way to show respect and empathy in business and can come in handy when problems between parties arise.
- It's usually not a good idea to let unresolved problems linger. If a potential problem arises, you may want to meet it head on and do what you can to resolve the issue to hopefully avoid having to go to court to do so.
Even if you practice every good business habit in the book, there may still come a time when a problem escalates beyond your capability to solve it without the court's intervention. In such situations, if you already know where to turn for support, you're already one step ahead; many New York business owners stay in close contact with experienced business and commercial law attorneys, just in case.