The themes of commercial disputes are often the same as those of personal disputes—someone feels a promise was broken, blames another for property loss, or believes a duty was shirked. Instead of divorce or personal injury claims, however, these themes play out within more complex structures, such as master services agreements, corporate operations and management or fiduciary relationships. Settling commercial disputes frequently implicates a wide range of issues than settling personal matters; in this article I will discuss approaches and issues to keep in mind in resolving commercial disputes.

This Is a Business Deal

When negotiating commercial disputes, it can be useful to frame communications to both clients and opposing parties as if the matter were a business deal, not a dispute. Decision-makers in commercial disputes are generally C-suite executives who are used to solving business problems. Framing the issue as a business deal for both the client and the opposing party helps to focus them on the bottom line, and not the principle or emotional issues involved. This also enables consideration of creative solutions. For instance, converting a noncompetition agreement to a nonsolicitation agreement allows an aggrieved party to obtain its primary goal of protecting its customer base, while allowing the former employee/new employer to move forward. Focusing on the numbers and facts as if it were a business deal (i.e., sales, identified clients, years of restriction, etc.) and avoiding the visceral issues of “my former employee is now on the other team” can allow for a resolution.