Avoid catastrophe – 9 Key Tips to Resolving Company Disputes

1-May-2019 Commercial Disputes By Mark Streeter

Company disputes are inevitable. Coming out on top and unscathed is a decision for you.

Avoid disaster and mitigate risk in company disputes by contacting an Accredited Specialist or one of our Experts in Commercial Dispute Resolution to discuss the 9 Cs in Company Dispute Resolution.

Let Streeterlaw help you get back on track, help you run your company effectively without unnecessary distractions, delay and stress.

1. Communicate Clearly

meeting with directorClearly communicate Company values, expectations, obligations and key performance indicators to external and internal stakeholders.

Turn your internal expectations into achievable performance indicators which will inspire, innovate and help measure performance.

If you know where you are going, and how you are going to get there- others will follow and better yet, help you do it.

2. Customer Service

Communicate clearly- manage expectations and clearly define contractual arrangements, terms and conditions and particle any variations.

Unsure how to? Let us help you.

3. Consultation

Consult others. Understand your industry – there is nothing wrong in asking for help. Lawyers, Accountants, Financial Planners and industry specialists can help you get where you need to be.

Don’t forget to ask your internal staff on their views- some may have more relevant experience than you. We can help put you in touch with people who may be able to assist you.

4. Consider and demonstrate active listening

Sometimes people just want to be heard. Practice active listening techniques.

Not only may this help address the source of the frustration- you may obtain a key insight that may help you

5. Courtesy – Be respectful

Be respectful to parties during disputes.

We understand that this is difficult depending on the nature of the dispute or allegation. Do not add fuel to the fire and maintain composure. Leave the advocacy to us.

6. Confirmation with clarity

Summarise action points clearly. Who is doing what and by when.

Conflict can occur where the outcome of a communication was unclear.

On an individual level, clarifying outcomes, actions and expectations when closing a meeting can prevent disputes arising where people underperform because the task was misunderstood.

For a business, it fosters unity and teamwork by ensuring that all attendees are clear and aligned in their understanding of what occurred in the meeting and actions decided upon during the meeting. Either way, a summary of the meeting will allow for any sources of conflict or contention to be dealt with during the meeting and thus, before they develop into a dispute.

7. Concentrate on the Objective

This is important in all areas of business and in life. Watch out for distractions.

As a Chairperson of the Board of Directors- focus the Board’s attention on the best interests of the Company.

As a Director- focus on the best interests of the Company.

As an employer- focus on advancing the best interests of the Company while providing for a safe, productive environment for staff through systems, procedures and planning.

As an employee- focus on acting in good faith and fidelity.

Wearing multiple hats? We are happy to help you focus on what is important.

8. Control – the fine balance.

Micromanagement v training through a controlled environment are two separate things.

Training through a controlled environment takes time, it is exhausting for employers and may be taken for granted by some employees.

Training through a controlled environment allows employees to feel nurtured but in control. It is a fine line but much dependant on how much experience the person has levels of trust and demonstrated ability.

Unsure how to create this environment? Contact us.

9. Conflict- where there is smoke there is fire.

The five senses are enough to alert you to a conflict. If you hear, see, smell, get a hold of an email or your mouth goes dry thinking about a person and problem.

You do not need legal advice to tell you when you have a conflict, you do need legal advice to resolve it. Conflicts that reoccur with similar themes often mean that there is a similar root cause- it may be how you are dealing with it or not!

Contact Streeterlaw on 02 8197 0105 to arrange a Discrete Dispute Resolution Review with an Accredited Specialist or an Experienced Lawyer – in the meantime apply to subscribe to our Expert Guide for Directors. So you can avoid failure and instead resolve current disputes, avoid future disputes and plan for success.

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Written by Mark Streeter

Mark Streeter

The Director of Streeterlaw, Mark has been practicing Law since 1994. He has attained his Masters of Law in 1999 and in 2006 was awarded his Specialist Accreditation in Commercial Litigation. Mark is a member of ARITA, a graduate of the AICD and a member of AICM. A member of STEP, Mark enjoys working in the area of Wills and Estates. In 2020 Mark is the Chair of STEP NSW.

Call us on 02 8197 0105 to book an appointment with Mark Streeter!

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