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disputes, contract
disagreements and account discrepancies. When these situations go unresolved,
they can create cash flow problems, lawsuits, liens or, worse yet, bankruptcy.
According to Hopson, Chief
Negotiator of Goldman & Wise, many vendor/supplier disputes
lead to lawsuits that exhaust not only the time and energy of a
business, but their resources as well. "In 1993 alone, more
than 22 million civil cases were filed within out country's
judicial system," says Hopson. "These businesses who
take their disputes to court often wind up spending tens of
thousands of dollars in court and legal fees, plus endure
enormous amounts of stress and anxiety in getting a case to
court."
Also known as arbitration, ADR
is the intervention from a third party who opens the lines of
communication so that an equally satisfying resolution can be
made for both parties.
An ADR explosion
The popularity of ADR has exploded in recent years, so much
that state and federal laws are "encouraging
the use of business arbitration clauses in their contracts to
save them from going to court," say Hopson. "Just the
lawyer fees alone can run anywhere from $10,000 to $100,000 and
higher. What makes ADR so attractive is that it's handled on a
contingency basis. That means there's no charge for the service
in the unlikely event a settlement cannot be reached."
While
a judge's decision is |
insults
or misunderstandings, not to mention the money and legal
issues," says Hopson. "It's a proficient arbitrator
who can emotionally calm both parties down to go beyond the hurt
feelings and egos and look at the real issues at hand."
Without a competent and
problem-solving arbitrator, disputing parties can most assuredly
and often permanently damage the vendor/supplier relationship.
"Because we're like marriage counselors or bridge builders
working to restore relationships, we aim to create for a win/win
situation, and that produces a healthier bottom line for
everyone," he said.
The last defense
Hopson believes those in business disputes should only
resort to legal counsel when it is genuinely warranted and then
strictly on a results-only basis. "Without arbitration, a
court ruling could instantly impose a bank levy on business
accounts or place liens on property and/or other assets,"
says Hopson. "This could cause a downward spiral of the
business to accelerate whereas the restoration of the business
back to viability becomes less and less feasible. In many cases,
third-party debt arbitration is the only way a business can
survive an otherwise deadly financial grip."
Whether your situation is a
billing dispute, contract disagreement or account discrepancy,
Alternative Dispute Resolution can convert a potentially ugly
situation into a more satisfying one!
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