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 San Francisco, 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. Where the parties have not agreed beforehand about how to handle disputes, legal principles have been designed to determine the resolution. When they are called upon, California courts try to discover the best resolution by looking to the facts of the particular situation presented. The fields of contract law and dispute resolution are defined by local state law. San Francisco attorneys are accustomed to handling disputes under California law, and can offer personalized advice for all types of business disputes. 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
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. 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. An attorney familiar with ADR in San Francisco can counsel you through the process if your business dispute is to be resolved by ADR.