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 Saratoga, 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. Saratoga attorneys are accustomed to handling disputes under California law, and can offer personalized advice for all types of business disputes. Negotiations may also proceed more smoothly when an attorney is consulted, which may even lead to a resolution outside of court.
Alternative Dispute Resolution
Contracts often have clauses requiring that a dispute be handled outside of court. This is called Alternative Dispute Resolution or ADR, and it includes Mediation and Arbitration among others. ADR eliminates the need to go to court, while attempting to reach the same resolution that a court would have. Different types of ADR involve their own procedures, however, and they often include a neutral third party making a determination based on local law. If your business dispute is to be resolved by ADR, an attorney familiar with these methods in Saratoga can counsel you throughout the process and develop the case you will present.