What is Litigation?

Litigation means “a dispute between two parties”. The disputes are generally in two categories; Criminal and Civil. In this brief article, I am referring to “Civil Disputes” arises because of transactions between the parties, commercial or non-commercial. The litigation comes when the parties are not able to resolve the disputes amicably.

Best way to avoid small business litigation is to:

  • Written Agreements/Contracts.
  • Being communicating regularly.
  • Better to discuss relevant and prospective issues.
  • Hold Meetings and keep Minutes of Meeting and get the same signed by all the Parties attending including the Owner/s to avoid any issues later.

Pre-Litigation Measures one can take:

  • More care at the initial stages leads to latter stages being smooth and painless. Professional assistance committed to avoiding litigation can add value at each stage.
  • Be very careful in choosing the parties with whom the business will be done.
  • Spend time to find more about potential associate/partner.
  • Start with some activities that build mutual understanding and confidence.
  • Move into long-term or deeper involvement with caution.
  • At each stage of the relationship, prepare clear documents that leave no room for misunderstanding.
  • While in the relationship, take all possible care to avoid derailment.
  • If things go wrong, try for the amicable resolution of problems.
  • If amicable resolution not possible, try for exit by mutual consent.

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*Content of this post is a Copyright work and is owned by Adv. Lalit K Jain (THE LEGAL DESK)

Author Bio

Qualification: LL.B / Advocate
Location: Maharashtra, IN
Member Since: 01 May 2020 | Total Posts: 39
I have been in Law Practice since more than 15 Years . My practice areas include: (a) Drafting of Commercial and Non-commercial Agreements/Contracts; (b) Recovery Matters before all Forums/Courts; (c) Arbitration and Conciliation; (d) Cross-Examination, Admission and Interim Stay; (d) Devising Strat View Full Profile

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March 2021