In New York, 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?
If involved in a business dispute in Dutchess County, New York, reviewing any relevant documents, especially contracts, should be the first step. These documents may determine how the dispute will be resolved. If there are no dispute resolution clauses in the contracts, or there are no attending documents at all, the parties may always resort to the courts to resolve the dispute. Where the parties have not agreed beforehand about how to handle disputes, legal principles have been designed to determine the resolution. When they are called upon, New York courts try to discover the best resolution by looking to the facts of the particular situation presented. Each state has different business laws about dispute resolution and contract law. An Attorney practicing in Dutchess County can help you handle your dispute in accordance with the applicable New York laws. With an attorney's knowledge of the law, the parties of a dispute may be able to avoid going to court entirely, since negotiations often proceed more smoothly with representation.
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. 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, sometimes bringing in a third party to find a solution based on local law. If your business dispute is to be resolved by ADR, an attorney familiar with these methods in Dutchess County can counsel you throughout the process and develop the case you will present.