The crucial prevention and restorative steps that every business should take

Businesses should implement mediation policies to de-escalate conflicts and reach mutually beneficial agreements.

Photo credit: Shutterstock

Disputes between businesses and customers can arise for various reasons. From the customer’s perspective, issues such as billing errors, poor service quality, misleading advertisements, unmet expectations, or misrepresentation can lead to conflicts.

On the business side, disputes may occur when customers fail to meet their obligations, such as non-payment for goods or services.

Commercial contract disputes between suppliers and customers are among the most common cases in commercial law courts. Such conflicts can be costly for both parties, leading to financial losses, litigation expenses, and reputational damage. Preventing disputes and managing them effectively when they arise is crucial for maintaining a healthy business relationship.

For businesses, compliance with consumer protection laws is fundamental. Consumer rights are now recognised as constitutional rights and are further safeguarded by statutory regulations, including consumer protection laws, sale of goods acts, data privacy laws, and contract laws. Upholding these legal frameworks is essential in fostering trust and avoiding legal pitfalls.

Beyond legal compliance, businesses should establish robust customer service policies to enhance transparency and accountability. One of the key rights of consumers is the right to information.

Therefore, businesses must prioritise clear communication, honesty in advertising, and adherence to fair trade practices. Customer service policies should not only comply with the law but also add value to the customer experience.

Training customer service staff on company policies and legal requirements is essential. Poorly trained or uninformed staff can lead to frustrating customer experiences and escalate disputes unnecessarily.

Institutionalising efficient complaint resolution mechanisms is another proactive approach. Promptly addressing customer complaints can turn a negative experience into an opportunity for loyalty and trust-building.

A well-handled complaint demonstrates a company’s commitment to customer satisfaction and can prevent conflicts from escalating.

Despite best efforts to prevent disputes, some conflicts may still arise. When a customer threatens legal action, mediation can serve as an effective dispute resolution mechanism. Businesses should implement mediation policies to de-escalate conflicts and reach mutually beneficial agreements.

Mediation allows both parties to isolate their interests and work towards a fair resolution. Not all customer disputes stem from business errors—some may arise from misunderstandings, unmet expectations, or personal biases.

A structured mediation process helps clarify these issues, ensuring a constructive dialogue rather than an adversarial confrontation.

To avoid prolonged legal battles, it is advisable to formalise mediation agreements in writing. A well-executed mediation can prevent litigation, save costs, and preserve business relationships.

Ms Mputhia is founder of C Mputhia Advocates | [email protected]

PAYE Tax Calculator

Note: The results are not exact but very close to the actual.