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 Laguna Niguel, 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 Laguna Niguel are best suited to offer advice in accordance with California law. Negotiations may also proceed more smoothly when an attorney is consulted, which may even lead to a resolution outside of court.
Alternative Dispute Resolution
Many contracts have terms that will determine how a dispute is handled. These are often referred to as Alternative Dispute Resolution or ADR clauses. These methods of resolution include Mediation and Arbitration, among others. 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 ADR is to be used in resolving your dispute, an attorney in Laguna Niguel experienced with ADR procedures can help you develop your case.