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 Oakland, 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. However, the dispute may need to be taken to court if contracts do not have resolution clauses, or if there are no documents relevant to 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. The fields of contract law and dispute resolution are defined by local state law. Oakland attorneys are accustomed to handling disputes under California law, and can offer personalized advice for all types of 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
Sometimes contracts themselves require that disputes under them be resolved outside of court. Methods of conflict resolution of this type are called Alternative Dispute Resolution or ADR. ADR includes Mediation, Arbitration and sometimes a combination of the two. 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. If ADR is to be used in resolving your dispute, an attorney in Oakland experienced with ADR procedures can help you develop your case.