{"id":14261,"date":"2019-07-05T17:31:20","date_gmt":"2019-07-05T15:31:20","guid":{"rendered":"https:\/\/www.e2.law\/2019\/07\/05\/14086\/"},"modified":"2021-02-04T17:45:28","modified_gmt":"2021-02-04T15:45:28","slug":"14086","status":"publish","type":"post","link":"https:\/\/www.e2.law\/en\/2019\/07\/05\/14086\/","title":{"rendered":"Commercial Disputes Prevention and Management"},"content":{"rendered":"
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For Heraclitus, a presocratic philosopher born in Greece in the 6th century BC, “The constant conflict of opposites is defined as the father of all things”.<\/p>\n

The prospect of a commercial dispute is the inevitable risk of business.\u00a0 This is usually given a negative connotation.\u00a0 In itself, however, a dispute is neither bad nor good.\u00a0 It can also indicate the need for evolution and can even be a source of opportunity, and lead to a new situation of balance, better for the parties.<\/p>\n

If the conflict receives this generally negative connotation, it is because of the magnitude of the financial and emotional costs it too often involves, when the parties struggle to resolve it.\u00a0 These costs are generally more to be seen as a symptom of poor conflict management than as caused by the intrinsic qualities of the conflict. In the end, what is negative is a conflict that is poorly managed.\u00a0\u00a0 Because it is under these conditions that it degenerates, leaves the reasonable control of the company and produces as much collateral damage as the stakes are high for the company.<\/p>\n

Conflict prevention and management<\/h2>\n

Good conflict management begins with reasonable attention to trying to prevent it.\u00a0 To this end, it is recommended to adopt a commercial and contractual policy in line with the company’s ambitions and capacities.<\/p>\n

Here is a checklist whose respect reduces the risk of a dispute escalating.<\/p>\n

A company must act in a prudent and diligent manner, at all stages:<\/p>\n

When concluding a contract:<\/em><\/p>\n