In California, there are several 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 Encinitas, 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. In trying to discover the best resolution for two parties who have not agreed beforehand on a resolution, California courts will use particular legal principles designed for the situation. There are laws specific to each state that govern how to approach dispute resolution. Attorneys practicing in Encinitas are best suited to offer advice in accordance with California law. 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. All forms of ADR are designed to reach the same decision a court would have, without needing to actually go to court. They carry their own sets of procedures and protocols, and they often involve a neutral third party listening to both sides of a dispute and making a determination based on local law. In Encinitas, attorneys practiced in ADR can help if your business dispute is to be resolved out of court.