In Hawaii, 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?
If a business dispute should happen in Kapaa, Hawaii, you should review any documents that are relevant to the disagreement, especially contracts. These documents might have clauses that must be followed when considering how to resolve the dispute. Not all contracts have dispute resolution clauses, of course, and occasionally neither business has any documents relevant to the dispute at all. If that is the case, a court might be needed to resolve the dispute. Hawaii 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. Disputes over contracts and other agreements are handled differently depending on the laws of each state. Lawyers in Kapaa know the laws of Hawaii, and can offer individualized advice for those involved in business disputes. With an attorney's knowledge of the law, the parties of a dispute might be able to avoid going to court entirely, since negotiations often proceed more smoothly with representation.
Alternative Dispute Resolution
Contracts often have terms 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 types 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 decision based on local law. If ADR is to be used in resolving your dispute, an attorney in Kapaa experienced with ADR procedures can help you develop your case.