Business Dispute Resolution

alternative dispute resolutionAny business, regardless of its niche, is bound to have disputes. If they are not handled correctly or resolved by a trustworthy solicitor, they can lead to a long and drawn out procedure because of litigation and this will cost your business a lot of money. If you’re running a small business, you may never recover altogether. Here is some of the best business dispute resolution advice that you should consider.

Dispute Resolution Procedure

a) Are you disputing with another business, such as a supplier? First, you should contact them to find out if they have their own dispute resolution procedure that you can follow. If not, you can lay out the rules for resolving the dispute. With any correspondence, make sure it’s worded politely and tactfully to avoid any other issues erupting.

b) If the other party doesn’t have a dispute resolution procedure, you can contact them and ask whether they are ready to discuss the matter with you. During the discussion, avoid heating up things and listen to the other party carefully to determine whether or not their view is right. Find out what they want to do about the problem first.

c) If nothing seems to be working, then you can bring in a professional such as an arbitrator or a mediator. The professional will offer neutral advice which doesn’t favour any of the parties involved. The mediator should be able to diffuse the entire situation to keep it from getting out of control and find a solution that none of the parties had thought about.

d) Even after bringing in the professional, a solution might not be present yet. However, it’s prudent for the mediator to point out how litigation might prove disruptive and expensive. On the other hand, it might be time-wasting since most of those litigating processes often drag on forever.

e) At this point if one of the parties still plan on using the other, there is no chance of stopping them. However, it’s good to take some time since they might realise down the line that it is going to be stressful and time-consuming as well as costly. If that happens, it’s easy enough to settle out of court without any worries.

Note that, any business can have disputes between the staff, customers, suppliers or competitors. Having a proper dispute resolution process will always work depending on whether the parties are prepared to settle the matter out of court. It’s also a good idea to look for a good mediator, arbitrator or law firm to act as a neutral party.

Employment Law Services

Employers can often become overwhelmed by the number of laws governing employment and labour in the UK. The employment legislature is present for most counties; however, some of the statutes overlap, and some are only applicable to specific situations. We’ll discuss the various types of employment law and employment law services.

1. The Civil Rights Law

There are various employment statutes that apply to the UK that protect staff against discrimination. The prohibition is based on discrimination regarding race, colour, sex, religion, pregnancy status, national origin, disability and age. The original anti-discrimination law was derived from the Civil Rights Act of 1964; therefore, various amendments have been made to it to keep the legislation relevant to the current decade. This employment law covers all employers with over fifteen staff members.

Legislature prohibiting discrimination based on an individual’s age is known as the Age Discrimination Act. The statute initially came into effect in 1967, but it has been strengthened since then by application of additional acts.

Employment Legislation

There acts that prohibit discrimination against a person based on any disabilities; therefore, providing protection for people experiencing physical, mental or genetic disabilities. According to this act, employers cannot hire or fire employees based on disabilities and need to make accommodations for job applicants or employees in this situation.

2. The Family And Medical Leave Laws

Another type of legislation that employment law services would manage is the Family and Medical Leave Act. This Act was made a law in 1993 and allows staff to take twelve weeks of unpaid leave within a twelve-month period. The employment law allows individuals to take time off to care for newborn babies, care for sick family members, or manage pregnancy needs. There is also a clause allowing staff unpaid leave to manage foster care or adoption of a child.

If an employee is covered by the Family and Medical Leave Act, he or she must have been employed by the relevant company for a minimum of twelve months and worked for more than 1,250 hours. It is also required that the employee works at a company with a minimum of fifty staff members. This employment statute covers both the private and public sector employers.

3. The Workers’ Compensation Laws

When a staff member is injured or develops an ailment because of work-related conditions, the workers’ compensation law will come into effect. In certain states, the employer has the option of either purchasing workers’ compensation insurance or ignoring the program entirely. If the insurance is in place, the company gains protection against employee lawsuits should the individual be injured at work. A company that has opted out of this program will not have any legal protection, and these employers may be found liable for compensation and punitive damage.

4. The Workplace Safety Laws

According to the Occupational Safety and Health Act, all employers are required to keep the workplace a safe and healthy environment for staff members. This law protects the staff from recognisable hazards, such as exposure to toxic chemicals, extreme noise, mechanical dangers and unsanitary conditions. The law also protects staff from infectious diseases and repetitive injuries.

The Role of Commercial Conveyancing Solicitors

When planning to expand a business, it’s often done by leasing or purchasing a new building. This might sound easy, but the reality couldn’t be further from the truth. There are numerous legal factors that come into play when purchasing a commercial building. Excellent marketing and an affordable price might draw you to unideal establishments, but you should try your best to avoid such distractions. It is imperative that you maintain a good sense in decision making or avail help from a reputable commercial conveyancing solicitor.

Even though such a solicitor will cost more, they will help you make a sound decision. They will ideally save you from the burden of the legal work and inspection which you probably have no experience or knowledge in. A commercial conveyancing solicitor is an expert who will help you in every stage of acquiring your new premises. They will ideally save you time in the errands that you will have to run when you do not hire one.

Here are some of the things that a conveyancing solicitor will do for you:

1. In the event that you wish to purchase commercial premises, the solicitor will ask for the pre-contract package that your seller is offering. Once it is checked and satisfies your needs, the solicitor will them apply for a local authority search in order to find more about the building you are considering.

2. Any other inquiry needed to be sure of the building in question will be raised and ascertain that are questions are answered. If you’re depending on a loan to purchase the property, the solicitor will ideally be the one to ensure that the necessary paperwork is done.

3. When everything is ready and you’re satisfied, they will give you a legal report on the building that you wish to purchase.

4. Contract signing is what follows. You will ideally be asked to make a deposit payment. Once the contract is exchanged between you and the seller, the purchase will finally be legally binding.

5. After the contract exchange, the next step is to prepare the final account.

6. Searches will again be conducted against you and the building.

7. The conveyancing solicitor will ensure that the funds are given to the sellers and in -turn, hand over the property title deeds to you.

8. Finally, a stamp duty will be paid for and the commercial building will be registered under your name. The evidence of registry transfer will be sent to the lender and if you did not purchase through a loan, it will be sent to you.

The Different Ways A Commercial Law Firm Can Help Your Business

For the majority of small business owners, hiring a law firm is similar to calling a plumber or a fireman – one only does this when there is a problem. Of course, to only hire a lawyer when something goes wrong is a foolhardy approach.

New business, in particular, tends to take marketing, sales, staffing and merely beginning the business as higher priorities than legal concerns. However, a smart business plan should include the prevention of problems and ensuring the business is protected against any legal issues by hiring an attorney. This article will provide information on the different ways a commercial law firm can help your business.

1. Corporate Governance

While the majority of corporations utilise attorneys as help with the process of incorporation, new businesses tend to neglect the on-going legal requirements to maintain a corporation status. Annual director, shareholder and partner conferences need to be held with the minutes recorded, and the election of officers conforming to legal regulations. Any failure to adhere to these rules can result in a loss of corporate status, a potential legal action against the company, and exposure of corporate officers to other legal problems.

2. Intellectual Property

Most of the intangible assets of a company should be legally protected, such as the company’s logo, brand name, services and original goods. All of these items are entitled to copyright protection, whereas items including vessel hull designs, proprietary computer software and other creations can be eligible for trademark registration. Patents are typically used to cover manufactured products and machines; however, they can now protect service processes as well, such as a composition of chemical mixtures or a method of refining petroleum. Copyright, trademark and patent registrations can assist a company in protecting the items that give it an advantage in the relevant industry.

3. Employment Agreements

Many companies in the 21st century, particularly technology companies, value the knowledge of their staff as highly important assets. However, if they fail to protect these assets via non-compete agreements and non-disclosure agreements, it is possible that the knowledge will be shared with rivals. Inevitably, staff will leave the business and it is essential that the company is protected against this potential sharing of information with competitors.

4. Exit Strategies

It is often seen that entrepreneurs are so focused on beginning the business that they do not consider what will happen if a principal member in the business chooses to leave. If a major partner or shareholder opts to suddenly leave, it can threaten the company’s operations. To avoid this situation, the closely held corporations opt to have buy-sell agreements ensuring major players are able to see their stock without any legal entanglements or placing financial burden on the company.

Final Words On The Matter

As one can imagine, a high-quality commercial law firm can be costly to hire; however, this should not be a deterrent to hiring legal professionals. The investment of a commercial lawyer’s time can help you deal with different issues ranging from exit strategies to ensuring intellectual property remains your own. Using the information above, you can determine whether or not hiring a commercial law firm to help your business is the best solution for your needs.