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?
The first step when involved in a business dispute in California, California should be to review any documents relevant to the matter, such as contracts. It may have already been decided in these documents how disputes will be handled. Not all contracts have dispute resolution clauses, of course, and sometimes neither business has any documents relevant to the dispute at all. If that is the case, a court may be needed to resolve the dispute. California courts will look to your individual case and try to discover the best resolution. In determining the outcome, they will use a specific set of legal principles designed for situations where the parties have not agreed beforehand on how to handle a dispute. Disputes over contracts and other agreements are handled differently depending on the laws of each state. Attorneys in California know the laws of California, and can offer individualized advice for those involved in business disputes. Discussion with the other business about how to resolve the dispute may also proceed more smoothly under the direction of an attorney, avoiding the need to go to court.
Alternative Dispute Resolution
Contracts sometimes have clauses that mandate resolution outside of court. Methods for reaching out of court solutions are often called Alternative Dispute Resolution or ADR. Mediation and Arbitration are included in the concept of ADR. ADR eliminates the need to go to court, while attempting to reach the same resolution that a court would have. Different types of ADR involve their own procedures, however, and they often include a neutral third party making a determination based on local law. If your business dispute is to be resolved by ADR, an attorney familiar with these methods in California can counsel you throughout the process and develop the case you will present.