How Do Business Disputes Arise in California?
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 Hillsborough, 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 look to the individual cases in determining the best resolution. Where two parties have not agreed beforehand on how to handle a dispute, a particular set of legal principles is used instead. Each state has different business laws about dispute resolution and contract law. An attorney practicing in Hillsborough can help you handle your dispute in accordance with the applicable California laws. 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.
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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 focuses on reaching the same resolution that a court would have, without the parties actually going to court. Methods of ADR often involve their own protocols, sometimes bringing in a third party to find a solution based on local law. An attorney familiar with ADR in Hillsborough can counsel you through the process if your business dispute is to be resolved by ADR.