Lack of a solution to NY State trial court bottleneck, may not be solved by what amounts to forced types of Alternative Dispute Resolution?

 

 

John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

 

Kiritsis Law Group  

212 922 0005

 

Business disputes refer to conflicts or disagreements that arise in the course of conducting business. These disputes can be complex and may involve issues such as contracts, employment, intellectual property, and partnerships. In this article, we will explore the types of business disputes, the common causes of business disputes, and the options for resolving business disputes.

 

Types of business disputes

Business disputes can take many forms and may involve a wide range of issues. Some common types of business disputes include:

 

• Contract disputes: These disputes involve disagreements over the terms of a contract or the performance of a contract.

• Employment disputes: These disputes involve issues such as wrongful termination, discrimination, or wage and hour violations.

• Intellectual property disputes: These disputes involve issues such as patent, trademark, or copyright infringement.

• Partnership disputes: These disputes involve disagreements between partners in a business.

 

Common causes of business disputes

Business disputes can arise for a variety of reasons, including misunderstandings, differences in expectations, and changes in circumstances. Some common causes of business disputes include:

 

• Miscommunication: Miscommunication can lead to misunderstandings and misinterpretation of agreements or expectations.

• Unclear terms: If the terms of a contract or agreement are unclear or ambiguous, it can lead to misunderstandings and disputes.

• Changes in circumstances: Changes in circumstances, such as changes in the market or changes in the business, can lead to disputes over the terms of a contract or agreement.

• Personal issues: Personal issues, such as personality conflicts or differences in management style, can also lead to business disputes.

 

Options for resolving business disputes

There are several options for resolving business disputes, including negotiation, mediation, arbitration, and litigation.

 

• Negotiation: Negotiation is a process in which the parties involved in the dispute try to reach a mutually acceptable resolution through communication and negotiation.

• Mediation: Mediation is a process in which a neutral third party facilitates communication and negotiation between the parties involved in the dispute in an attempt to reach a resolution.

• Arbitration: Arbitration is a process in which a neutral third party, called an arbitrator, hears the evidence and arguments of both sides and makes a decision. The decision of the arbitrator is typically final and binding.

• Litigation: Litigation is the process of resolving a dispute through a court of law. This option is typically used as a last resort if the parties are unable to reach a resolution through negotiation or other alternative dispute resolution methods.

 

In conclusion, business disputes are conflicts or disagreements that arise in the course of conducting business. These disputes can involve a wide range of issues and may be caused by misunderstandings, unclear terms, changes in circumstances, or personal issues. There are several options for resolving business disputes, including negotiation, mediation, arbitration, and litigation. It is important for businesses to have a plan in place for addressing and resolving disputes in order to minimize disruption to the business.

 

 

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The views expressed by this author are not legally binding or reflective of the author, the author’s firm, the author’s employers, the author’s employees, or any individual and/or organization.