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. So the key is not whether there will be friction, but how we deal with it. Will we manage them skillfully, or will we allow them to escalate into a conflict that will weaken or destroy the common business or lead to permanent harm to one of the partners?

What to do when a dispute arises? Of course, the “hard” solutions in the Code are the last resort. Involving the court in resolving an internal conflict is ineffective because it takes a lot of time, energy and costs, and the effect is distant and uncertain. There is also no doubt that a court dispute most often leads to an escalation of tension, because the role of the court is not to find a solution that is satisfactory to the parties, but to decide who is right, most often on a zero-one basis. Most likely, it will also be associated with image losses. Court proceedings will also be a source of new tensions and conflicts.

What can be done then? The answer to this question is so simple that it is often rejected automatically by both businessmen and their lawyers. Well, we have to talk. Conversation – negotiations – is not a show of weakness, but of courage, maturity and responsibility. It also shows our openness to the interests of the other party, which may result in reciprocity. Finally, it makes it possible to attempt a joint effort to solve a common problem instead of a confrontational and antagonistic attitude. Negotiations can be tough and effective at the same time, but they always allow the parties to express themselves and present their actual interests, which are usually hidden much deeper than the demands and positions they originally presented.

What’s more, it is through negotiation that an agreement worked out jointly by the parties can be reached. Unlike an “imposed” court verdict, which always involves “wronging” one of the parties (if only subjectively), negotiations allow to solve the problem together, which gives each party the conviction that the final agreement is the result of their work, they feel a bond with it and share responsibility not only for its creation, but also for its implementation. At the same time, we avoid revanchist attitudes that are so natural for the effects of court proceedings. So instead of a desire for revenge, there is a willingness to continue doing business or part ways without wanting to harm the other party.

Negotiations, however, are quite an art. And contrary to popular opinion, they do not rely on haggling at all. In order to negotiate effectively, it is worth using the help of a lawyer who will professionally and comprehensively help us prepare for the meeting and offer support during the talks or conduct them himself.

Step 1: Prepare for negotiations

Preparation is most important. It is estimated that at least half of the lawyer’s time involved in denials is preparation. A lawyer can help us gather information about the other party, present the strengths and weaknesses of his client’s position, help in developing a negotiation strategy, taking into account his interests and possible scenarios. It is necessary to define what goals we want to achieve before starting negotiations.

Step 2: Find the common points

During negotiations, it is worth focusing on finding common ground. Let’s look for solutions that satisfy both sides. It is also a good idea to rely on arguments based on facts and figures to convince our partners of our position.

Step 3: Seek a compromise

If negotiations do not go our way, it is worth seeking a compromise. It is important that we do not give way on all issues, but also do not insist on our own. Let’s remember that negotiation is a process of exchange and looking for asymmetries in it.

Step 4: Make sure you communicate

Communication is key in negotiations between partners. It is worth listening carefully to partners and paying attention to their position. If something is unclear to us, it is worth asking for clarification. It is also important to remember the tone of voice and body language that can affect the reception of our words.

Step 5: Seek the help of a lawyer during the negotiations

A lawyer can play an important role during negotiations between partners. He can help us clarify legal issues, suggest what issues to raise during the talks and propose compromise solutions. It is worth remembering that a law firm should not impose its position, but only help to achieve the goal. However, its assistance in defining it is invaluable.

Summary

Effective negotiations between partners can be difficult, but crucial in reaching a compromise and avoiding conflict. To prepare for negotiations, it is advisable to enlist the help of a lawyer to help develop a negotiation strategy. During the talks, it is important to look for common ground, communicate, seek compromise and, very importantly, listen carefully to the partners. During the negotiations themselves, the lawyer can limit himself to a support role, or play a more active role, or even lead them. With good preparation and professional conduct of negotiations, it is possible to solve common problems underlying and underlying the conflict and give both parties a sense of responsibility for the implementation of the agreement, in the development of which white participation.

Involving the court in resolving an internal conflict is always a last resort. The Chinese say that the sound of arms is a failure of diplomacy. You can borrow this wisdom and say that a court case between partners is a failure of their communication and cooperation. Who benefits from it? Certainly not a common business.

A case in court is always expensive, requires a lot of time and energy, and the end result is uncertain. The court can only arbitrarily decide who is right in its opinion. Will this judgment be fair? Will this verdict be right? Will this verdict serve to resolve the deep-seated causes of the conflict? Let us remember that the trial itself is only the tip of the iceberg, and the true reasons and motivations lie much deeper, and the court has no access to them. It is also worth remembering that a court settlement of a conflict may also have a negative impact on the company’s image and be the cause of further tensions and conflicts.