Szendel PLLC’s experience over the past 12+  years has involved working on hundreds of business disputes concerning companies in the NYC area. Every business dispute presents unique problems and challenges, however there are also commonalities to every dispute.

Szendel’s dispute resolution process takes all of these factors into account by utilizing some or all of the following proven methods and practices for achieving the common objective of resolving business disputes effectively and cost-efficiently:

Phase One: Analysis and Assessment of Dispute

• Identify all interested or potentially interested parties and counsel
• Address any deadlines that may impact negotiations
• Obtain understanding of background facts and key documents
• Assess any threats and concerns or potential concerns of involved parties
• Identify unique or “outside the box” factors that could impact the course of negotiations
• Analyze legal issues involved in dispute
• Evaluate strength of claims and defenses, advise on potential litigation strategy and cost-benefit analysis as part of overall risk mitigation assessment

Phase Two: Tactical Strategy and Planning for Quick Resolution

• Draft and/or respond to demand letter addressing substantive issues and inviting settlement discussions
• Draft settlement agreement including any strategic and creative terms that may be necessary to advance resolution of specific business problem
• Set up call or in-person meeting between counsel and/or interested parties as appropriate in effort to facilitate arms-length negotiations
• Assisting in the selection of appropriate mediation or ADR forums where appropriate

Phase Three: Active Engagement in Dispute Resolution

• Representing clients in connection with mediation or non-binding arbitration
• Prepare client for potential litigation including gathering and preserving evidence to bolster claims or defenses, preparing pleadings and conducting pre-litigation analysis
• Use litigation process as necessary to break impasse or create leverage in discussions without losing sight of overall objective of quick resolution;
• Initiate and utilize provisional remedies as necessary to preserve and enforce client’s rights in connection with resolving dispute;
• Negotiate and finalize settlement agreement, dispose of any litigation and obtain all necessary releases

Phase Four: Risk Assessment and Litigation Avoidance

• Counsel client on steps to take towards avoiding similar problems from reoccurring in the future and assist in creating action plan for implementing appropriate changes

For many disputes that arise in the ordinary course of business, Szendel’s dispute resolution process will prove to be a valuable and worthwhile approach before resorting to full-blown litigation.  However, not every matter is suitable for our dispute resolution process and for those cases, Szendel PLLC offers a full-service business litigation practice.

If you have a business dispute, please contact us for a customized consultation and evaluation of your matter as a candidate for Szendel’s dispute resolution process or litigation services.