Five Dispute Resolution Resolutions for Business

As the end of the year approaches, and as business leaders and their lawyers are making plans and resolutions, they should consider including a few that relate to conflict. Their 2026 will be sweeter and more successful for it.

1. Plan ahead for potential pain points

Whether you’re founding a company, entering into a new partnership, or drafting deal terms for a new venture, don’t simply think about how you will succeed. Take a moment to think about how, and where, systems might fail. Problems will be easier to navigate if you build a roadmap from the beginning and include that in your written agreement.

2. Create beyond your boilerplate

You are not locked into rigid categories: mediation OR arbitration OR litigation. You can design a hybrid, a targeted and personally tailored process that reflects your specific situation.

3. For both cars and relationships, regular maintenance can prevent breakdowns

The ability of parties to communicate during times of conflict will be enhanced if a friendly framework already exists. For ongoing business ventures, well before tensions arise, consider regular check-ins that help each side feel seen and respected.

4. Designate “team captains”

Consider designating a pair of trusted corporate contacts whose assigned role, if tensions arise, will be to communicate initially and informally, to try to clarify and “soften” a situation before it rises to the level of a formal conflict. A short conversation early on might prevent someone getting served six months later.

5. Keep calm and communicate

Whether you’re just starting to negotiate, or addressing a conflict, managing your emotions is key. Conflict itself is fairly neutral; everyone has different needs, expectations and preferences. The way conflict is communicated is often where the trouble arises. While a fight is sometimes unavoidable, resolve to at least try to raise issues early, stating and justifying your needs (and yes, feelings) politely and without unnecessary ire or accusation.

Conflict is an unavoidable aspect of the human condition. In and of itself, it isn’t a failure or weakness, unless you fail to anticipate and plan appropriately for it.