Many businesses and their counsel try to avoid disputes by anticipating areas of potential conflict, and addressing those issues in advance.
Parties may need assistance from a neutral to uncover potential conflict and confront sensitive issues when negotiating complex or highly confidential agreements, involving:
- software development
- systems integration
- service level agreements
- joint ventures
- confidential disclosures.
TMS can facilitate negotiation of contracts and relationships. Using knowledge developed through mediating disputes, TMS can anticipate potential problems, raise them for discussion, and help the parties address them before they undermine the relationship or contract. TMS also can suggest dispute resolution mechanisms to include in the contract, tailored to the specific situation.
A few days of preventive effort can minimize the risk of years of expensive and disruptive litigation.