When Business Agreements Go Wrong: What Can You Do?
Commercial relationships rely heavily on predictability. However, evolving market conditions, personnel turnover, or differing interpretations of written clauses can rapidly derail operations.
1. Re-read the Contract Thoroughly
Look closely at termination clauses, cure periods, notice requirements, and governing dispute resolution clauses before sending aggressive correspondence.
2. Document All Contemporaneous Evidence
Keep an organised timeline of emails, invoices, delivery acknowledgments, and meeting notes. Clear records establish objective facts early.
3. Preserve the Commercial Dialogue
Before engaging in formal litigation, initiate an executive-level discussion or pre-litigation facilitated dialogue to explore commercially viable adjustments.
4. Assess Available Resolution Forums
Examine whether your agreement specifies arbitration, facilitated dialogue, or conciliation, which often provide faster, confidential, and less adversarial paths forward.