How Do Business Disputes Arise in California?
In California, there are various 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 Kern County, 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. There are laws specific to each state that govern how to approach dispute resolution. Attorneys practicing in Kern County are best suited to offer advice in accordance with California law. An attorney's knowledge of the law may also lead to a more streamlined discussion with the other business about how to resolve the dispute. Negotiations may even enable you to resolve the dispute without going to court.
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Alternative Dispute Resolution
Disputes 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 decide a dispute based on local law just as a judge would do. If your business dispute is to be resolved by ADR, an attorney familiar with these methods in Kern County can counsel you throughout the process and develop the case you will present.