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 Santa Clara 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. 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. Santa Clara County Attorneys are accustomed to handling disputes under California law, and can offer personalized advice for all types of business disputes. With an attorney's knowledge of the law, the parties of a dispute may be able to avoid going to court entirely, since negotiations often proceed more smoothly with representation.
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. An attorney familiar with ADR in Santa Clara County can counsel you through the process if your business dispute is to be resolved by ADR.