In this JOY Law segment, Paul Welling and Jack Stuk talked about commercial disputes and litigation – what it is, how it happens and how to mitigate or resolve it.
Paul and Jack covered:
- what is litigation?
- how to avoid litigation by ensuring commercial relationships and agreements are properly documented (even if you are working with a friend or family member and have a great relationship at the outset), being aware that things can (and do) go wrong, and planning for that (eg what if you and your business partner want to go your separate ways or bring in a new partner etc);
- whether “handshake” agreements are enforceable;
- mediating disputes, whether it be formally or informally; and
- reasons to avoid disputes and litigation – the time, emotion and cost involved.
Fantastic question from a listener – what constitutes “in writing”? What do you need to do to make an agreement hold up in court?
A great, practical segment, where Paul used examples from his extensive experience, interspersed with a little (lawyer) humour. Line of the show:
Dene: “Two litigators walk into a bar …”
Paul: “ … and one walks out, usually”.
You can listen to the podcast from this week’s show by clicking here.
If you’d like the team to answer a question on air, please email JOYlaw@joy.org.au.
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