Participation in negotiations, pre-trial settlements of disputes with customer and litigation

Negotiations without weapons are like music without instruments.
Frederick the Great

And the best weapon in modern legal warfare is a lawyer trained on all fronts. With a competent lawyer on board, neither negotiations, nor legal disputes are major threats, and the music is good too.

More than a lawyer

A competent lawyer possesses the qualities of:

• an entrepreneur who understands the client’s needs and business full and well;
• a chess player who looks a few moves ahead;
• a psychologist who can read people;
• a salesperson who knows how to successfully present products.

Adapting to new circumstances

Prior to negotiations, it is important to consider all the possible outcomes and variations of the contracting party’s behavior. A scrupulous preparation for negotiations is the key to success. However, not all outcomes can be anticipated in advance, and the ability to adapt to them quickly really helps.

Win-win

If your contracting party is disappointed in the deal, but has accepted it nonetheless — do not expect anything good in the future. Both sides must always win. The trick is to understand what is a win for the contracting party and the acceptable amount thereof.

Pre-trial dispute resolution

This is a special type of negotiations with elements of persuading. For example, a lawyer informs the other party that it makes no sense not to pay under the contract, because the other party will still not be allowed to use the intellectual property until the full payment is received. And if the non-payer does attempt to unlawfully use the intellectual property, a fine will be imposed by the court. The stronger is the arguments of the lawyer, the faster the client will get the best result.

Wizards

Chances are that your lawyer is not omnipotent and frankly speaking there will be absolutely no-win situations. They may arise for various reasons.

Top 5 examples:

1. there is no contract or it is badly written;
2. intellectual property transfer has not been properly specified;
3. payments were made in cash without receipts (proof of payment), even though it’s 2020;
4. the non-payer has no money or business assets;
5. wrong choice for dispute resolution venue.

And we can single out personal disaffection (sometimes people don’t care about the money and act on principle).

Litigation

Lawyers in litigation are like fish in water. The client remains in the background, and the lawyer becomes the front-man.

Option:

• court;
• arbitration court

Alternatives:

• international arbitration court;
• mediation-arbitration.