Application of constructs in commercial dispute resolution

Abstract

Conflicts in the business sector, in particular causes of conflicts and conflict management, have been analysed in detail and described by a number of scholars. However, the stage of conflict evolving into a dispute and the involvement of the parties to the conflict into litigation as a form of dispute resolution has been analysed considerably less often, although the greatest damage to business is caused namely at this stage. This article discusses how constructs can be effectively applied in the litigation process to achieve successful dispute resolution. It analyses the reasons for choosing this method, as well as the participants and their influence on the course of dispute and its outcomes. The identified peculiarities of the litigation process are described and analysed in detail by invoking Lithuanian case law. Based on these peculiarities, the authors developed the methodology that, with the use of legal constructs, can help to model effective conduct of the parties for having their dispute resolved in court.