by dr Andrzej Jakubiec - adwokat, mediatorUsing AI in Disputes Between Partners
I handle corporate disputes, including conflicts between partners. I am also deeply interested in technology. Using AI to analyze conflicts is now a reality. It is also becoming a fact in disputes between partners. The question is how to use AI optimally in this field. We must also address the traps of using AI in this area. In this post, I want to mention a few of them.
What are partner disputes about?
AI in disputes between partners? Yes, but first, let’s define these disputes. Conflicts between partners are not just about money. Money plays a role, but rarely the leading one. Often, it is just a side issue. Partners sometimes fight each other more fiercely than their competitors. They have many tools and know each other well. This gives them a direct impact on each other’s lives.
What do partners fight about? They fight for power, agency, and vision. Also they seek appreciation and recognition. They also disagree on the pace of change or risk tolerance. Some disputes involve honesty, profit distribution, or hiring family members. Financing—loans versus own funds—is another common issue. In a three-partner setup, unequal coalitions often form. Three-person companies are among the least stable. I wrote more about it here: https://jakubieciwspolnicy.pl/trzech-wspolnikow-czyli-konflikt-wisi-w-powietrzu/
In this text (link up), I have applied an analytical framework developed by J. Mearsheimer in his book The Tragedy of Great Power Politics. In that seminal work, the author explains why international alliances among three states tend to be unstable. In my view, these conclusions can be cautiously extended to relationships between business partners.
How can AI be used in partner disputes?
AI is actually used to resolve disputes. You can read more about here: https://www.reuters.com/legal/legalindustry/artificial-intelligence-dispute-resolution-developments-challenges-perspectives-2025-07-11/ or here in litigation context: https://www.whitecase.com/insight-our-thinking/ai-risks-legal-sector-must-consider-dispute-resolution .
We see, that AI in disputes between partners in business can be used in many ways. New ideas appear constantly. We can group these into three categories:
- Preventive consultation: How to avoid a dispute?
- Interventional: How to resolve an existing dispute?
- Follow-up: How to improve the relationship for the future?
AI can provide general advice on cooperation or focus on a specific case. Both have pros and cons. AI is a great tool, but we must know how to use it.
General advice can offer a new perspective. It might suggest a solution you hadn’t considered. However, many general tips can be clichéd or simplistic. It is difficult to judge if these general “recommendations” apply to your specific case.
You can listen to more about using AI in conflict resolution here: https://www.youtube.com/watch?time_continue=1&v=GO_cZ3NADZI&embeds_referring_euri=https%3A%2F%2Fjakubieciwspolnicy.pl%2F&source_ve_path=MzY4NDIsMjg2NjQsMjM4NTE
AI in Disputes Between Partners and The Coupled Confirmation Bias in AI
AI in partner disputes offers many possibilities. However, asking about a specific case—your company—carries a huge risk. I call this the “Coupled Confirmation Bias”. This is the tendency of AI to confirm our subjective opinions.
How does it work? To get a solution for a specific problem, you must provide data. You need to describe the situation. The problem is that your story is only a slice of reality. A great writer might need four volumes to describe your relationship. You are trying to do it in four sentences.
More importantly, we have a subjective view of reality. We describe it from our perspective. This is natural. We must acknowledge that our view is not the only one.
What does the AI do? Language models are not gods. They are advanced technology learning to talk to us. They do not have a monopoly on wisdom. An AI can give you 92 ways to solve a dispute in 10 seconds. But are they wise?
AI models tend to confirm your views unless they contradict facts. We are very good at telling stories that favor us. We omit “small details.” In this situation, the AI will tell you what you want to hear. It can easily radicalize your attitude. This is the Coupled Confirmation Bias.
AI in Disputes Between Partners. Want to know more?
Our subjective perspective is a natural trap. Research from the Program on Negotiation at Harvard Law School confirms that egocentrism prevents objective assessment. This makes the input data for AI fragmentary.
If you are interested in AI in legal practice, you can also read this report: DRI White Paper on Artificial Intelligence.
Conclusions
Corporate disputes are complex. They involve law, economics, psychology, and negotiation. Usually, each participant sees only part of the puzzle. Their view is fragmentary and subjective. When telling the story, they select facts and add subjective value.
It takes great insight and experience to find what is valuable in such a story. Language models cannot do this yet.
It is worth testing ideas with AI. However, following AI advice blindly in specific cases is a grave mistake. You can fall into a spiral of confirmation. This turns doubts into delusions. We often trust what we don’t understand more than what we know.
Do you need help with partner relations? Are you in a legal dispute? Do you want to minimize the risk of future conflict? Contact us:
Jakubiec & Partners 📩 kancelaria@jakubieciwspolnicy.pl 📞 +48 536 270 935
We are here to help! If you enjoyed this article, you can read my other texts on AI in legal work:
by dr Andrzej Jakubiec - adwokat, mediatorHow to Resolve Disputes Between Partners?
Disputes between partners are a natural part of business. Differences in interest or visions for the company appear sooner or later. Personal tensions or financial crises also affect ownership relations. The key question is not if a conflict will arise. The question is how it will be resolved.
Escalation and Litigation – The Easy Way, But Is It Better?
Mediation between partners is often not the first choice. It requires courage, responsibility, and effort. The simplest path is often the most expensive: escalating the dispute to court. In practice, court cases often focus on “proxy” disputes. These concern formal or technical issues. They rarely address the real source of the conflict.
Why Do Court Proceedings Rarely Solve the Problem?
Litigation always generates high costs. These include money, time, and organizational resources. More importantly, it consumes assets that are hard to rebuild. These are relationships, trust, and the company’s reputation. Even a final court ruling does not remove the cause of conflict. It often leads to further escalation in other areas.
From a business perspective, this path rarely leads to a real solution.
Our Approach to Partner Disputes
The Law Firm of Jakubiec & Partners does not avoid confrontation when necessary. However, in most cases, we focus on real help for our clients. we do not mechanically generate new court proceedings.
We specialize in negotiations and actions that remove the source of the dispute. Our goal is to rebuild the relationship between partners. If that is impossible, we aim for a rational and predictable separation.
Negotiation as a Tool for Mature Conflict Management
Negotiation is not a sign of weakness. On the contrary, it shows maturity and strategic thinking. We often help clients who feel “trapped in a corner.” They often defend positions that do not reflect their true business goals.
A well-led negotiation process allows you to regain control. It limits losses and lets you focus on what matters most: growth and stability.
Mediation Between Partners – Want to Know More?
Mediation between partners is our specialty. We constantly develop our skills and study new sources. We are happy to share them with you.
You can read about alternatives to litigation here: Alternative Dispute Resolution (Harvard). The experts at Harvard University certainly know their field.
For a different perspective, I recommend this Forbes article: Strategic Mediation: Five Pillars for Effective Settlements. It explains how to use mediation in tough business disputes.
You can also read why leading American lawyers prefer mediation for business disputes here: Why Mediation is Preferred for Business Disputes.
If you want to read my previous articles, here are a few links:
- https://jakubieciwspolnicy.pl/wykorzystanie-ai-w-sporach-miedzy-wspolnikami/
- https://jakubieciwspolnicy.pl/wspolnik-mniejszosciowy-i-jego-los/
- https://jakubieciwspolnicy.pl/roznice-miedzy-mediacja-arbitrazem-a-postepowaniem-sadowym/
Would you rather listen than read? Here is a link to my podcast about partner disputes: https://open.spotify.com/episode/4p20ALoBzNcmzQ0W2otf0e
If you want to learn more about how we work and help partners in conflict, please contact our firm.
Jakubiec & Partners 📩 kancelaria@jakubieciwspolnicy.pl 📞 +48 536 270 935
by dr Andrzej Jakubiec - adwokat, mediatorEscalation of Conflict Between Business Partners – a real Scenario
How does a dispute between partners escalate? There are many possibilities of conflict escalation. Today, I want to present one potential scenario. Why? Because I am a lawyer and mediator advising business partners in high-conflict situations. This illustrates the consequences of acting in anger and persistence. I do not want to scare anyone. I want to help you avoid what I have often seen. Why does this matter to me? I believe we must care for Polish business. It is the engine of our economy and our prosperity. In this article, you will learn how the “point of no return” is crossed. You will also learn how to save the company when emotions take over.
Conflict escalation. What are the causes of disputes between partners?
A conflict can escalate regardless of its original cause. Money is rarely the main reason for disputes and conflict escalation. More often, it is about respect or agency. It is about realizing a vision or different risk tolerance. Sometimes it concerns nepotism or financing methods, such as debt aversion. Often, there is no single cause. Partners notice the dispute only when many interests collide.
In my work as a lawyer and mediator, I have seen how conflicts between business partners escalate from minor disagreements into destructive disputes that threaten the entire company. This article is based on those real-life observations.
I discussed the causes of partner disputes in this podcast episode: https://open.spotify.com/episode/4p20ALoBzNcmzQ0W2otf0e?si=TlCfbdvUQ0mCwCCmEtai2A
How does a conflict begin?
Initial differences are often viewed through the lens of the fundamental attribution error. I wrote more about it here: https://jakubieciwspolnicy.pl/podstawowy-blad-atrybucji-w-pracy-adwokata/ and here https://jakubieciwspolnicy.pl/podstawowy-blad-atrybucji-w-sporach-rodzinnych/
In short, people tend to blame negative internal traits for someone’s behavior. We call others “fools” or “greedy” instead of looking at external causes. This is simply easier. It also makes us feel like the “good” and “wise” partner.
This attitude has a dangerous effect. A substantive dispute turns into a conflict of values. One must not yield to “evil” or “greed.” This would be a betrayal of ideals. We trap ourselves in a corner. We lose the flexibility needed for an agreement. The escalation then becomes faster and more violent. Both partners often sit on a powder keg for years.
This is the Moore’s Circle of Conflict. I asked ChatGPT to create this graphic.
How does a dispute explode?
A “proxy” dispute may erupt first. One partner may contest the work of the other partner’s wife. They might complain about her salary or performance to other employees. This creates a heavy atmosphere immediately.
Such news spreads through the company like wildfire. Eventually, the partner and his wife find out. How will they react? She might resign. The partner might defend her publicly or remain silent. It is unlikely they will seek a mediator or business psychologist yet. They usually try to handle it alone.
The partner considers his move…
The partner will think about how to retaliate. Perhaps he will block dividend payments. He might ask ChatGPT for advice on this. The AI might suggest seeing a lawyer.
The other partner is building a house and needs the money. Blocking the funds is framed as “caring for the firm.” In reality, the house construction stopped. The money is needed for a child’s cancer treatment. The partners have not spoken for a long time.
This problem was not the AI tool. The partner only sought confirmation of his own idea. He did not analyze the consequences or alternatives.
Manifestation and escalation of conflict
Eventually, an explosion occurs. Partners shout and trade heavy accusations. It is not a constructive talk. They bring up past incompetence, malice, or dishonesty.
Each partner seeks advice from lawyers. These lawyers often suggest escalatory solutions. They believe in their clients’ rightness. They want what is best for them.
This leads to blocking payments and firing relatives. They dispute the use of trademarks or company cars. The first case goes to court regarding the dividend. A hearing is set for 12 months later.
No one wants to wait that long. A court verdict will not solve the core issue. It will only trigger a desire for revenge. Partners then start pulling employees to their side. They probe key clients about a potential split. Most energy is spent on harming the other side.
The role of advisors in conflict
I compare misused AI models to lawyers who follow client goals without reflection. It is like a patient demanding a heart transplant without an exam. A good advisor should examine the situation first.
Many people seek legal advice only to confirm their assumptions. They do not want an analysis of alternative paths.
What are the effects of conflict escalation?
Escalation brings destruction. Decision paralysis consumes the company. Soon, the first employees leave. They do not give a reason. Partners do not realize that loyalty conflicts destroy morale.
Efficiency and quality drop. Key clients leave for the competition. The bank cancels loans due to lost liquidity. Within a year, the company faces bankruptcy. It collapses like a house of cards. Additionally, tax authorities begin an audit of management contracts.
Could the escalation have been avoided?
Disputes are natural in every relationship. However, you can prevent a dispute from becoming a destructive conflict. This happens when we stop blaming the person and look at the circumstances.
This scenario lacked a dialogue and an understanding of needs. Partners should seek a mediator early. In this example, they should have acted right after the first big fight. Instead, they went to lawyers and demanded war.
We cannot blame the lawyers entirely. Many see professionalism as merely following client orders. I have a different approach. I discuss whether the chosen direction is truly good. This is the moment to save millions of zlotys and years of work.
Recommended Reading
For those interested in conflict structure, I recommend “The Strategy of Conflict” by Thomas Schelling. For dispute resolution, read “The Mediation Process” by Christopher Moore. These books show how hard it is to stop escalation.
If your business relationships are failing, contact us. We help clients avoid the scenarios described above. Many companies end this way. We treat court cases as a last resort. We prioritize dialogue, negotiation, and mediation.
Contact us: 📩 kancelaria@jakubieciwspolnicy.pl 📞 +48 536 270 935
by dr Andrzej Jakubiec - adwokat, mediatorDivorce of partners as a cause of crisis in the company
Cooperation in business based on a partnership relationship can bring excellent results, but it can also lead to serious problems. One of them is the divorce of partners, which often results in a crisis in the company.
Divorce of partners is a difficult situation that introduces a lot of uncertainty and changes in the life of the company. Partners have to face many challenges, such as the division of assets, the separation of duties and maintaining financial liquidity. Each of these issues can affect the functioning of the company and, consequently, lead to its crisis.
The division of property is the first and often the biggest problem in the case of a divorce of partners. If the partners are unable to agree on this issue, serious financial difficulties may arise. The division of assets itself is a phenomenon broader than the management of the company itself, and even the issue of its ownership. However, it often happens that the company becomes the subject of blackmail in various ways, which is aimed at forcing the division of assets on certain terms.
An equally negative phenomenon is linking the issue of guilt in a divorce decree with company management, when the divorce process becomes a pretext for forcing property and business decisions. A completely separate and even more dramatic issue is making decisions regarding the company by one of the spouses dependent on the other spouse’s consent to shape the relationship with the children of the parties. In such a situation, children become hostages in a dispute over a company, or vice versa – it is the company that is the object and tool in a dispute over children. Each of these situations is destructive and demoralizing for both family and business relationships.
The separation of duties and responsibilities is no less challenging. Partners often share different tasks among themselves and have specific roles in the company. After parting, it is necessary to separate them, which can be difficult and time-consuming. In the absence of an agreement on this issue, the work of the company may be significantly disrupted, leading to a decrease in efficiency and results. It is worth considering even the temporal division of competences and responsibilities for the duration of the divorce and until the final division of property. In the end, it’s all about having something to share.
Another problem that may arise in connection with the divorce of partners is maintaining financial liquidity. During the breakup of a relationship, spouses often make serious financial decisions under the influence of emotions. Sometimes they try to compensate for their injustice with significant expenses, and sometimes they do it to show everyone around how easily they can handle all the fuss and how good they are. What is involved in such compulsive spending? It can cause serious problems with financial liquidity in the company, loss of trust of employees and contractors, and sometimes even bankruptcy. Of course, no one but the local jeweler or car dealer ultimately benefits from this.
An equally big problem is the lack of communication, arrangements, decision-making paralysis, undermining the spouse’s decision or ostentatious slander against employees or contractors. It doesn’t take much imagination to foresee the dire consequences for the company’s operations, but also for the atmosphere inside and around it, associated with such conduct.
Another cause of disputes may be a paradoxically different vision of how to resolve this dispute. The partners will have to decide whether to continue the business together and separate private from professional matters. If the partners decide to separate, how should it proceed?
You can sell the business and split the money. Another solution is for one of the spouses to buy back the shares of the other and thus leave one of them from the company. Physical division of the company is rarely practiced. It is also possible to transform the company in such a way that one of the spouses manages it and is physically involved in its work while the other spouse limits his share to the role of a capital partner who, having some share in the profit, is not involved in the company’s work.
Most of the hurdles that come with divorce can be overcome. Unfortunately, in many cases there are conflicts that lead to lengthy and costly lawsuits. Public conflicts can lead to a further loss of trust between partners and an escalation of destructive activities, as well as to a decrease in employee motivation and contractors’ trust.
Professional conflict management in the company is very important, which can be helped by an experienced lawyer specializing not only in economic and family law, but also knowing negotiation techniques. You have to act wisely, confidently and strive for an agreement. The best way is to resolve problems through negotiation, rather than allowing them to escalate uncontrollably.
Both interim agreements for the duration of negotiations or court proceedings, as well as the final agreement worked out with the participation of lawyers, should specify in detail all the rights and obligations of the parties and introduce the necessary safeguards for their implementation, so as to give both parties the feeling that their interests are secured and that their observance and the implementation of this agreement is beneficial for both of them and for the entire company.
by dr Andrzej Jakubiec - adwokat, mediatorCauses of conflicts among partners in family businesses
Relationships between partners in family businesses are often filled with emotions and tensions, which increases the risk of conflicts between them. In my experience that these conflicts escalate over time because the partners often pretend that nothing is happening for years, and in the name of preserving family ties, they endure silently, viewing themselves as victims who sacrifice their own well-being for the greater good. By doing so, they automatically cast the other party as the one who exploits this sacrifice.
Frustration that has been suppressed for years tends to erupt much more intensely than among partners who have a more distant relationship, working together based on factors beyond family ties and close emotional bonds. A family business can be likened to a ticking time bomb, with the entire family, employees, and contractors in close proximity. It is never known when it will explode and whether anyone will survive the explosion.
There are several distinct causes of conflicts among partners in family businesses.
The first cause of conflicts can be attributed to differences in approaches to managing the business. It often happens that parents want to run the company in a traditional way, while the younger generation prefers modern solutions. This can lead to conflicts regarding management and decision-making. It is important to realize that this is a manifestation of typical generational differences in perceiving reality, which are accelerated by the rapid pace of technological development and social changes. Given that both money and the future of the family are at stake, each party, driven by good intentions, becomes firmly entrenched in their position, creating the foundation for conflict.
The second cause of conflicts in family businesses is the difficulty of separating personal life from the business. Family issues often spill over into the company, leading to situations where emotions dictate business decisions. This can lead to conflicts related to power distribution and influence within the business. Conversely, conflicts within the business can also spill over into the “home,” and in such cases, we can be certain that it will return to the company with doubled intensity.
The third cause of conflicts in family businesses is the lack of a succession plan. Often, parents or grandparents may be reluctant to relinquish control of the company, while the younger generation wants to take the reins. This can lead to a situation where there is no clear succession plan, which in turn can result in conflicts and misunderstandings. Additionally, the failure to address these matters in a will and leaving them subject to general inheritance laws can lead to fierce conflicts among heirs, where the object of contention is not just the wealth but the power within the company after the passing of the “senior.” If the deceased has also left a spouse behind, it is easy to imagine the challenging dispute that may arise.
Another source of friction is the lack of clear division of responsibilities and tasks. In many family businesses, all partners tend to be involved in every aspect, which leads to a situation where no one feels accountable for specific duties. This can result in conflicts related to decision-making and a lack of coordination. Mutual grievances and complaints will find countless opportunities to sour the atmosphere, ultimately leading to a serious conflict between partners.
Lastly, a significant cause of disputes arises from the absence of clear rules regarding profit distribution. It is often the case that in family businesses, the partners do not have a clearly defined distribution of jointly earned profits, which leads to a situation in which one party feels aggrieved. This can lead to conflicts over the distribution of power and influence over companies. This becomes particularly evident when the ‘younger generation’ works for modest compensation, while the older generation accumulates profits within the company, considering that they are no longer driven by financial gain. After all, they have already acquired everything they need.
Conflicts between partners in family businesses can have a negative very impact on the operation of the company and the relationship between business partners. Therefore, it is advisable to seek the help of a lawyer specializing in business and family law, who can help solve problems and prevent the escalation of conflict. A business is built with difficulty and for years. It can be destroyed very easily. On the other hand, nothing justifies living in constant frustration or exploiting economic advantage in family relationships. Any case of this kind requires detailed work with an experienced lawyer who will look at the client and his case as a whole, taking into account the emotional, family, financial and at the very end, of course, legal aspects.
by dr Andrzej Jakubiec - adwokat, mediatorNegotiation is a key part of doing business.
We negotiate not only with external contractors, but also with our partners and others “inside” the company. Where there are close relationships, naturally disputes and conflicts occur. In case of disputes between partners, negotiations are particularly important, because the resulting agreement
can have a decisive impact on the company’s future.
On the other hand, It’s absence can cause serious trouble with decision-making deadlock and
even business collapse. Preparation for negotiations is crucial to achieving positive results. Below I present some basic strategies and tools that can help you prepare for negotiations.
Preparing for negotiations
Before starting negotiations, it is important to thoroughly research the situation. The basis is to analyze the company’s articles of association, the content of the resolutions passed, the investment agreement and – of course – the applicable legal regulations.
In case of disputes between shareholders, it is necessary to carefully analyze the causes of the dispute, try to discover the interests of the parties, that are deeply “underneath” the positions presented by them.
It is good to find out what the financial and personal of the accomplice, since often events in these areas – seemingly unrelated to the company’s operations – have a direct influence their business actions.
Trying to find answers at the source of a partner’s attitude can fundamentally change our approach to the presented by him superficial behavior and lead to the following. Instead of haggling, we try to resolve the situation together, which is, after all, difficult for all parties.
Example: It is worth finding out if a partner wants to sell his shares because he plans to tie up with a competitor, or because he needs money for his child’s treatment. Or perhaps he is already tired of working and wants to retire from business? Or maybe the reason is yet another – imagine that he has learned something that, in his opinion, makes the company’s situation very difficult and
simply wants to “escape” from it?
Depending on what need of the shareholder is to be satisfied by the sale of shares, our optimal reaction for us (and for him as well) may be completely different. Despite the fact that this is a share sale, we are dealing with extremely different personal and business arrangements, so different should be the steps towards solving a common problem.
As part of the preparation for negotiations, always take the time to Identify BATNA (Best Alternative to The Negotiated Agreement) and WATNA (Worst Alternative to The Negotiated Agreement), that is best and worst alternatives to the negotiated agreement.
So you have to compare what will happen if you we find an agreement with a partner and what can happen, if we don’t reach it. Then we will be able to assess whether there is any point in seeking an agreement at all, and we will set ourselves it’s lower limit. Of course, it is essential to take into account also the probability of the alternatives coming to fruition.
Determine your goals
Before negotiating, it is also important to define your goals and limits. You need to know what you want to achieve and how far you can go. Setting goals will enable you to focus on
the most important issues and avoid unnecessary compromises. In doing so, it is worth remaining flexible, as the information we obtain during the negotiations may affect the validity of earlier assumptions.
Develop an action plan
Planning is key to achieving positive results.
Developing an action plan will make it possible to determine what steps need to be
be taken to achieve the goals. The plan should include such elements such as a timeline of activities, interlocutors, budget and how to conduct the negotiations. It is also necessary to determine,
what tools of direct and indirect influence we have towards the partner. Conversely, how he can influence our decisions. Also in non-obvious ways. As part of developing a plan, you can also consider alternative options, such as changing the organizational structure, changing the articles of association of the company or changing the proportion of shares. It is important that the plan be
realistic and takes into account both goals and boundaries that should not
should be exceeded during negotiations.
It is necessary to listen
An important tool in negotiations is also the ability to listening and the ability to empathize. The partners should listen their arguments and try to understand the other’s point of view. In this way, they will have a better chance of reaching agreement that will be satisfactory to both parties.
Summary
Negotiations between partners are an integral part o of running a company. Preparing for negotiations and having strategy and tools will allow you to achieve much better results than actions that are ill-considered and chaotic, subject to emotions or aimed only at demonstrating one’s inflexibility and willpower. It is important to conduct negotiations in a professional, constructive and empathetic, taking into account both your goals and those of your negotiating partner.
by dr Andrzej Jakubiec - adwokat, mediatorNegotiations Between Partners: How to Resolve Internal Disputes?
Why Partner Negotiations Matter?
Negotiations between partners matter. Partners do not always agree on how to run a business. It is natural that there are differences of opinion regarding strategic decisions, profit sharing, or the role of individual partners. The key is not whether there will be friction, but how we deal with it. Whether we handle it skillfully or allow it to escalate into a conflict that can weaken, destroy the common business, or permanently harm one of the partners.
Risks of Court Disputes in Internal Business Conflicts
Courts as a Last Resort
What to do when a dispute arises? Of course, the “hard” solutions in the Code are a last resort. Involving the court in resolving an internal conflict is often ineffective. It takes time, energy, and costs — and the result is distant and uncertain. Most importantly, a court dispute frequently escalates tension because a court’s role is not to find a solution satisfactory to the parties. But to decide who is right, often in a zero-one way. This can also lead to significant image losses and further tension within the company. Especially in family businesses and closely-held partnerships.
The Power of Negotiation
Why Talk Instead of Litigate
The answer to resolving partner disputes is deceptively simple and often rejected automatically: we have to talk. Conversation and negotiation are not signs of weakness but of courage, maturity, and responsibility. Negotiations show openness to the other party’s interests, potentially generating reciprocity. They allow parties to attempt a joint solutioninstead of adopting a confrontational stance.
Negotiations can be tough and effective at the same time, but they always allow parties to express themselves and present their actual interests, which are usually much deeper than initial positions.
Benefits of Negotiated Agreements
Through negotiation, an agreement worked out jointly by the parties can be reached. Unlike an imposed court verdict — which inherently involves one party feeling “wronged” — negotiations solve the problem collaboratively. This gives each party a sense of ownership and responsibility for implementation, and it avoids revenge attitudes that often occur after court proceedings.
Effective Negotiations: Professional Support and Strategy
Role of Lawyers and Advisors
Negotiations are an art and — contrary to popular belief — do not rely on simple haggling. To negotiate effectively, it is valuable to use the help of a professional — such as a lawyer — who can help prepare for the meeting, support the talks, or even conduct them directly.
Professional advisors can help clarify legal issues, identify strengths and weaknesses in positions, and shape negotiation strategy. Their role is not to impose their views, but to help the parties achieve their goals.
For more detailed methods of avoiding and resolving disputes among partners, see this practical guide on negotiations and conflict management in Polish: https://www.inforlex.pl/dok/tresc,I02.2022.046.183000502,Raport-o-sporach-wspolnikow-Wnioski-z-analizy-tysiaca-orzeczen-sadow-powszechnych.html
Step-by-Step Negotiations between partners framework
Step 1: Prepare Thoroughly for Negotiations
Preparation is critical. It is estimated that at least half of professional negotiation time is spent on preparation. Identify the goals to be achieved, gather information about the other party, and define a strategy that takes into account both interests and possible scenarios.
This may include understanding concepts such as Zone of Possible Agreement (ZOPA) — the range where rational agreement is feasible — and knowing your BATNA (Best Alternative to a Negotiated Agreement). Wikip
Step 2: Find Common Ground
During negotiations, focus on common points and solutions that can satisfy both sides. Use arguments based on facts and figures to support your position and build credibility.
Step 3: Seek a Meaningful Compromise
If negotiations do not go as planned, seek a compromise. Do not concede on all issues, but avoid rigid insistence on every point. Remember that negotiation is a process of exchange, seeking asymmetries where possible and valuable.
Smart concessions — exchanges designed to further your goals while showing flexibility — can build trust and move discussions forward without compromising key interests. MAcceler
Step 4: Communicate Effectively
Communication is key. Listen carefully and ensure you clearly understand your partners’ positions. Clarify anything that is unclear. Pay attention not only to words but also to tone of voice and body language, which affect how messages are received.
Effective communication is essential to disagree without destroying professional relationships, as highlighted by experts in Forbes.
Step 5: Utilize Legal Support During Negotiations
A lawyer can play a crucial role during negotiations. He can help to clarify legal aspects, suggest issues to raise, and propose compromise solutions. A law firm’s support can range from advisory to active facilitation.
Alternatives and Complementary Strategies
When Negotiations Need Extra Help
Sometimes negotiations benefit from neutral third-party involvement — such as mediation or an impartial facilitator — especially if emotions are strong or direct talks stall. Third parties can offer fresh perspectives and help find common ground. Partnership for Transparency
For more on alternative dispute resolution techniques, including mediation vs negotiation, see this comprehensive external resource: 👉 Conflict Resolution Best Practices for Business Partnerships (English) Partnership for
You want to read more? You’re welcome here: https://www.pon.harvard.edu/daily/dispute-resolution/managing-conflict-in-house/
Summary: Negotiations between partners as Conflict Management
Effective negotiations between partners are challenging but essential for reaching compromise and avoiding conflict. Preparation, communication, finding common ground, seeking compromise, and appropriate professional support are the pillars of successful negotiation.
Involving the court should always remain the last resort. A court case is expensive, time-consuming, and uncertain. It decides who is right but rarely deals with the deep-seated causes of conflict. The true motivations and interests that underlie disputes are often inaccessible to a court, but negotiable at the table.
Negotiations between partners: Internal Links to my articles in polish
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Talk Before the Conflict Escalates
If you are facing a dispute between partners, early negotiation support can significantly reduce risks and costs. Professional preparation and structured negotiations often allow partners to protect the business, their relationships, and their reputation.
Contact us to discuss your situation confidentially:
📩 Email: kancelaria@jakubieciwspolnicy.pl
📞 Phone: +48 536 270 935
Our law firm supports partners at every stage of negotiations. We prepare the strategy to active participation in talks or leading negotiations on behalf of clients.