In California, there are various 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 St. Helena, 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 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. Each state has different business laws about dispute resolution and contract law. An attorney practicing in St. Helena can help you handle your dispute in accordance with the applicable California laws. 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. 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 St. Helena specialized with ADR procedures can help you develop your case.