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 Herkimer, 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. New York courts may use legal principles to determine the outcome when the parties have not agreed beforehand about how to handle a dispute. In so doing, they look carefully to a particular case to discover the best resolution for all involved. Each state has different business laws about dispute resolution and contract law. An Attorney practicing in Herkimer can help you handle your dispute in accordance with the applicable New York laws. Resolution of the dispute may even be reached outside of court once an attorney's knowledge of the law smoothens negotiations between the two parties.
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 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 specialized in Alternative Dispute Resolution can help you with your business dispute in Herkimer if it is to be resolved out of court.