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There are many advantages to avoiding litigation for any company, including the fact that, in addition to saving money on legal costs incurred by long lawsuits, there is an erosion of the corporate image, depending on the topic of the case.
As a result, common wisdom holds that prevention is better to therapy. You’ll need a team of professionals from an experienced litigation support specialist who are well-versed in the subject and committed to finding solutions that have the least amount of negative impact.
What Exactly Is A Litigation?
A disagreement or a demand is referred to as a litigu in Latin, which is the origin of the term litigation. To put it another way, we may say that litigation is initiated when there is a conflict of interest in which one or both of the parties (or both) refuses to concede a claim and does not comply with the other’s demands. According to the Federal Supreme Court’s legal dictionary, litigation is defined as “a court disagreement that occurs following the defendant’s defense of the request made by the plaintiff.”
Litigious claims are those that need the intervention of the court in order to be addressed. One extremely frequent example is in the context of a non-consensual divorce, when one of the spouses is adamant about refusing to share property with the other.
How Conflicts Of Interest Be Resolved Outside Of The Court System?
The Singaporean judiciary is overburdened to the breaking point. Thus, it is obvious that the claims filed for court review may be time-consuming and expensive to process. As a result, both people and businesses have been searching for alternate methods of resolving their differences. Mediation and arbitration are two excellent examples of such procedures, and we will spend more time on each of them in the sections that follow.
Mediation Is Sort Of Like A Discussion
The mediation process is mandated by law and aims to bring about a settlement of the dispute via the process of self-composition. For better or worse, the parties decide to employ a neutral and unbiased person before presenting the dispute to the court in order to promote discussion and assist them in conducting the talk in a pleasant, respectful, and constructive way.
Consequently, it is worthwhile to seek out an agency that is specialized in the subject area, employs competent experts, and understands the distinction between mediating and suing. The lawyer must have the necessary expertise and experience in the area in order to execute the process in the most efficient manner feasible and to achieve a satisfactory outcome for all parties concerned.
An Alternative Way To Solve Dispute
Aside from mediation, arbitration is another kind of alternative conflict resolution in which it is not required to engage the court, but unlike mediation, we are not talking about auto composition in this case. It is a private institution that does not participate in the public machine; nevertheless, its regulations are outlined in Law No. 9,307 of 1996, which was revised in 2015 to reflect current legislation.
When the parties agree on an arbitrator or form an arbitration court, the arbitrator or court is responsible for determining the solution to the dispute via an instrument known as an arbitration award. Due to the fact that this judgment cannot be challenged, it is regarded as final. If the losing party does not comply with what was stipulated, the winning party has the right to seek judicial intervention to protect its rights under the title.
Specifically, it is stated in the legislation that “persons who are competent of contracting may utilize arbitral proceedings to resolve disputes related to accessible property rights.” As a result, it is usual to see an arbitration provision in business contracts, which requires the parties to submit their disputes to binding arbitration.
Avoid Letting Your Business Get Involved With The Court
Being able to avoid disputes is preferable than attempting to discover other methods of resolving them. As a result, legal counsel must think strategically and be prepared to deal with legal issues that may emerge in each company.
A business that emphasizes lawsuit avoidance, on the other hand, is more likely to have positive relationships with its customers, employees, and suppliers. This will enable for a more friendly and straightforward discussion in the case of unexpected circumstances, avoiding issues from growing to such dimensions that they might get out of hand.
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