In Nebraska, business disputes commonly occur over a variety of different matters. Most often, businesses can disagree on the terms of contracts and prior arrangements. Property matters and billing issues also frequently form the basis of disputes between businesses.
What to Do in a Business Dispute?
In a business dispute in Elkhorn, Nebraska, the parties should first go over any relevant documents, especially contracts. There may be terms in these documents that determine how to handle the dispute. 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. Nebraska 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 Elkhorn are versed in the contract law of Nebraska, 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 is designed to reach the same conclusion as a court, but without the cost and inconvenience of actually appearing before a judge. Nevertheless, each type of ADR carries its own set of protocol, often involving a neutral third party that resolves the conflict according to the law. If your business dispute is to be resolved by ADR, an attorney familiar with these methods in Elkhorn can counsel you throughout the process and develop the case you will present.