The most attentive will have already noticed that many businesses have not yet resumed their activity and, probably, will not even do so. The end of the moratoriums, as well as other support programs, could further aggravate this scenario, with many managers facing the need to take additional measures to improve the economic and financial health of their companies. This is a reality that many organizations have already known in recent months, which they are currently facing or will have to deal with in the future, which may be the basis of disagreements with creditors, suppliers or customers.
And how much will it cost them to resolve these conflicts? Each case is unique, but we know from experience that these are expensive, time-consuming processes with often unpredictable outcomes.
Indeed, if a company finds itself in a situation where it could be the subject of probable litigation for breach of contract or if, on the contrary, it is in a position where it needs a legal solution to obtain compensation for damage that allegedly caused you, the key to success may lie in the ability to anticipate. In this context, when deciding on the best approach, there is nothing like preventing rather than curing.
To achieve this, the starting point for this planning will naturally involve an initial assessment of the case and the collection and analysis of supporting information, quantifying alleged damages and defining the best strategy.
In this regard, I particularly remember one of the processes that I followed and in which, after a careful analysis and an international benchmark carried out in loco with companies with the same activity, it was possible to reduce by more than 90% of the amount of compensation to an arbitral tribunal.
Regardless of the scenario, one thing is certain: good management of the economic and financial aspects of a pre-litigation situation can mean very significant savings in the event of litigation. It is therefore important to give priority to negotiation processes, but without ever neglecting the preparation of potential disputes, as some will naturally be unavoidable.
It is important to give priority to negotiation processes, but without neglecting the preparation of potential disputes.
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