Managing Dispute Risk in Business Agreements

How transactional lawyers and litigators can work together

In general, we believe that transactional lawyers should prioritize dispute risk management when negotiating agreements, and litigators should be involved much earlier in the overall construction and drafting of business agreements than they often are. This program will identify important ways in which litigators and business lawyers can work together to help manage dispute risk in business transactions and agreements.

Leaders from the Complex Commercial Litigation, Business Law and Dispute Resolution sections will lead participants in addressing a variety of related topics, including:

• Identification of the most common sources of disputes and litigation
• How to prevent disputes from arising in the first place
• Techniques for minimizing and resolving disputes early
• Drafting a dispute resolution clause to minimize dispute risk
• Techniques for achieving early settlement of litigation, if and when it cannot be avoided