Don‘t Want A Court Battle?

Then here’s how you should resolve disputes...

Akhil Mishra
May 22, 2024

"Yes! I want disputes and misunderstandings in projects!"

"Yes, I love Court battles! I want to spend my time and money there!"

Said no sane man or woman ever.

Now, disputes are common when it comes to any industry.

Be it web development, software, freelancing, anything.

And a failure of a project typically leads to such disputes, at least in the service sector.

The client would want full compensation for any damages he suffered.

And a company would want to protect itself from claims.

The middle ground? A court battle.

But, that takes up so much time and money to resolve.

Then what should be done instead?

I'll tell you 2 steps you should take to avoid or lower your chances of court battles.

Have a good and comprehensive agreement in place.

And it should cover different aspects such as deliverables, and timelines.

Most of the time the conflict can be resolved through the contract itself.

But only if it's a good contract.

Also, if a dispute does end up in court...

The proceedings usually take longer when there are not enough records to decide a breach.

And if there is a need for discovery of facts.

But, when there are clear written documents and records - this makes it much easier for the court to decide.

And, the court usually does not go beyond the terms that have been agreed upon between the parties.

Arbitration is another mechanism to resolve disputes.

Especially in bigger projects, the mandate to go for “arbitration” instead of courts should be agreed upon in the agreement.

It is a private proceeding and maintains confidentiality.

And is much faster, with a time limit prescribed.

The arbitrator is usually someone familiar with the industry.

So they can decide the matter from a commercial viewpoint.

Surely, if the matter can be resolved amicably, that’s the best option.

But you should be prepared for the worst case.

And that's where legal professionals can help you.

I've read and seen cases where the disputed amount can go up to MILLIONS.

And a single clause can protect the whole company from bankruptcy.

And because such cases exist, they should serve as a warning to other businesses to play it a bit safe.

So always be prepared for the worst-case scenarios!

And in case you need someone to draft you a Contract that makes sure you are best prepared to avoid such cases, pick a time here:

Talk to you soon.

-- Akhil Mishra

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