There are various grounds that can lead to business disputes in Massachusetts. Business may disagree about the terms of contracts and prior arrangements. Billing issues, property matters and other grounds can also give rise to disputes between businesses.
What to Do in a Business Dispute?
If involved in a business dispute in Salem, Massachusetts, reviewing any relevant documents, especially contracts, should be the first step. These documents may determine how the dispute will be resolved. If the contracts do not have resolution clauses, or neither business has any recorded documents relevant to the dispute, then the matter may need to be taken to court. Massachusetts 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. The laws designed to settle contract disputes are different in each state. Attorneys practicing in Salem are versed in the contract law of Massachusetts, and can help you to handle the dispute should it go to court. 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.
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 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. An attorney familiar with ADR in Salem can counsel you through the process if your business dispute is to be resolved by ADR.