There are many 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 Swampscott, Massachusetts, reviewing any relevant documents, especially contracts, should be the first step. These documents might decide 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 might 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 specific set of legal principles is used instead. There are laws specific to each state that govern how to approach dispute resolution. Lawyers practicing in Swampscott are best suited to offer advice in accordance with Massachusetts law. 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 might even enable you to resolve the dispute without going to court.
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. ADR focuses on reaching the same resolution that a court would have, without the parties actually going to court. Methods of ADR often involve their own protocols, occasionally bringing in a third party to find a solution based on local law. In Swampscott, lawyers specialized in ADR can help if your business dispute is to be resolved out of court.