Cost Control In Comercial Disputes – Are You Asking Your Self The Right Questions?

Originally published Fall 2007

Commercial disputes are expensive. Some of the expense is beyond the control of the parties. Some is beyond the control of any single party. But, while some level of expense is inevitable in any commercial dispute, parties should attempt to minimize costs where they can. The following questions are a useful guide to controlling costs.

1. Are you beginning/continuing the dispute for the right reason?

At the beginning of a dispute it is common for emotions to play a major role. As months and years pass, and as expenses mount, objective business factors tend to play a larger role. Since that is usually the case, why not focus on the objective issues at the beginning? You should consider the differences between what you believe and what you can prove. Consider the other party's point of view and the strength of their position. Consider how the entire picture will look