DISPUTE PREVENTION AND RESOLUTION
In addition to the services traditionally provided by civil and commercial litigation, our firm offers to our clients a prevention and dispute resolution strategy, giving priority to prevention methods (some of which are mentioned below) and dispute resolution, with a more comprehensive system that involves not only court procedures.
Consequently, civil/commercial litigation is usually the last resort, and priority is given to the following services:
A) Legal Audits.
The main purposes of a legal audit are to review, among other aspects:
(I) contracts and agreements to identify potential risks of present or future disputes; (II) ways in which the company routinely documents negotiable instruments and credit transactions, (III) current litigations involving the company in order to assess the status of each case and give an objective opinion of possible ways to negotiate or settle the case more efficiently; and (IV) activities and/or factual situations that could give rise to potential court actions against the company, so as to recommend the best manner to deal with any contingency.
B) Alternative Dispute Resolution (ADR).
If a dispute cannot be avoided, it is important that our clients know the ADR s contemplated by Mexican law to select the best option.
C) Commercial Insolvency Proceedings.
Commercial insolvency proceedings permit individuals and business entities facing financial difficulties, either to negotiate with creditors the partial payment of their claims or orderly sell the company’s assets, as required by law.
It is our view that the above information may assist our clients in these difficult times.
The practice group offers the following services in this area, among others, advising on:
- Celebration and fulfillment of commercial operations with companies subject to bankruptcy.
- Recognition, determination of grade and priority of credits.
- Separation of assets in bankruptcy proceedings.
- Preparation, approval and execution of bankruptcy agreements.
- Sale and acquisition of assets of bankrupt companies.
- Recognition and enforcement of guarantees.
