The trajectory of many business disputes is determined long before anyone issues a demand or a claim. What happens in the first few weeks after a problem surfaces can set the cost, direction, and, in some cases, the outcome of the dispute itself.
In the early days and weeks of a commercial conflict, it can often be tempting to either react or adopt a more passive, “wait-and-see” approach, depending on the circumstances. Someone fires off a sharp e-mail, a payment is withheld, or everyone waits and hopes the problem fades.
The tips below cover some of the important steps and considerations in those early days, where managers, executives, and in-house counsel can lay the groundwork for success down the line. The discussion covers: