The author is a senior business litigation attorney at NCR Corporation, Dayton, Ohio, and an adjunct professor of law who teaches ADR at the University of Dayton School of Law. NCR is a worldwide developer, manufacturer, seller and service-provider of computers, software, automated teller machines, point-of-sale systems and related products.
High-tech companies should act to avoid, resolve and control the adverse impact of their business disputes. The alternative is a draining and potentially fatal bout of “litigationitis.” Mediation, when part of an overall dispute avoidance and resolution “diet,” is a proven cure. By following the author’s six-step course of action, hightech companies can avoid litigationitis and proceed with the business of doing business.
High technology businesses, like many physicians’ patients, may be suffering maladies because they have fallen into common but self-destructive lifestyle patterns. Among the symptoms they may exhibit as a part of this syndrome are:
• constant irritability (e.g., seemingly perpetual fighting and litigating with customers, suppliers, dealers, contractors, licensees, and others); and
• exhaustion (e.g., spending too much of their money, time and energy fighting and litigating, rather than spending those resources on making themselves stronger, more competitive and more prosperous businesses).