How Do Business Disputes Arise in California?
In California, there are many different grounds that can lead to a business dispute. Often, prior agreements and contracts have terms that the businesses disagree upon. Disputes can also occur over property matters, billing issues or other disagreements.
What to Do in a Business Dispute?
In a business dispute in Atherton, California, the parties should first go over any relevant documents, especially contracts. There might be terms in these documents that decide how to handle the dispute. If there are no dispute resolution clauses in the contracts, or there are no attending documents at all, the parties might always resort to the courts to resolve the dispute. In trying to discover the best resolution for two parties who have not agreed beforehand on a resolution, California courts will use specific legal principles designed for the situation. There are laws specific to each state that govern how to approach dispute resolution. Lawyers practicing in Atherton are best suited to offer advice in accordance with California law. Discussion with the other business about how to resolve the dispute might also proceed more smoothly under the direction of an attorney, avoiding the need to go to court.
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Alternative Dispute Resolution
Disagreements in contracts must often be resolved outside of court according to a dispute resolution clause. Methods of resolving a conflict outside of court are called Alternative Dispute Resolution or ADR. These methods include Mediation, Arbitration and Collaboration. ADR makes going to court unnecessary, because it is designed to reach the same result that a court would have. Still, some methods of ADR entail their own formal procedures, most enlisting a third party to determine a dispute based on local law just as a judge would do. If your business dispute is to be resolved by ADR, an attorney experienced with these methods in Atherton can counsel you throughout the process and develop the case you will present.