Anticipating a dispute with a partner
Any written document can be used as evidence in the event of dispute. The company must be strict and use foresight in the management of its business relations; the more it anticipates, the better the odds it puts on its side in the event of any deterioration.
We consider that intelligent pre-litigation practices set the business relationship within a rational, positive and constructive framework; furthermore, they offer a major asset in the event of deterioration.
All business relationships should be managed as though there might one day be a dispute …
Our primary concern is to protect your business relations as soon as you start them, to make your teams aware of the best practices to be complied with, and to validate your sensitive documents beforehand.
Our answer
Generally speaking, we recommend:
- an audit of the disputes, frauds and sanctions undergone by the company over the past 24 months
- a preventive audit of the practices of the main risk functions, with corrective recommendations
- a training course for the executives and managers and a general sensitization of the exposed teams
- access to a reactive hot-line within the firm, which validates any sensitive document before dispatch.
We offer our support in all or part of the following assignments, depending on your requirements:
- prior to the contract, for during discussions, each party is already partly committed
- on signing the contract:
- in the spirit of the Anglo-Saxon culture where nothing is left to hazard, all aspects of the relation being set out in writing
- or in the spirit of the Latin culture where anything not written in the contract comes under the law - throughout the business relationship
- who binds the firm?
- setting up of an in-house culture for the forward management of risks
- setting up of an in-house culture for the management of contracts, commitments and obligations
- management of the written documents exchanged with the partners - on expiry or breach of the contract: status, duration, notice, breaking off of established business relations …
