In business, anything can happen. There is always a risk that you will drawn into extended and expensive proceedings. Our advice is to seek legal help as quickly as possible and attempt to resolve disputes before the courts become involved. KBM always tries to identify creative solutions to intractable legal problems. Rather than see limitations we always attempt to make the best of a difficult situation by proposing well-thought-out solutions.
In the event that a dispute cannot be resolved by mutual agreement, KBM has extensive courtroom and arbitration experience. At KBM we have colleagues who have experience as judges and can provide expert advice, not only on conflict resolution but also on how conflict can be avoided.
There are two different types of litigation, firstly family law cases, which may involve the custody and rights of access to children, and secondly general cases, for example, claims for damages. We only take on general cases where we mainly represent companies, but we have also assisted private individuals to bring an action when something has not worked out as intended.
KBM tries to find solutions as early as possible when a dispute arises, because otherwise they tend to be both long and costly affairs. Moreover, most disputes take up vast amounts of energy, which certainly could be put to much better use.
Most disputes that we have worked on usually have the same underlying problem – there is no clear record of what the parties agreed from the beginning. There may be a few post-it notes here and there, a draft of an agreement etc. This makes it difficult to understand what the parties agreed.
Our best advice to avoid disputes is to ensure that there are agreements and written documentation throughout the entire process. If you enter into a cooperation and there is a lot of money involved, sign a cooperation agreement; if you run a company with your best friend, sign a partnership agreement; and if you employ a craftsman sign a service contract.