Business disputes in South Dakota often happen in several different areas. Frequently businesses disagree on the exact terms of prior contracts or arrangements. Also, billing issues and property matters can give rise to disagreements in the business setting.
What to Do in a Business Dispute?
The first step when involved in a business dispute in Madison, South Dakota should be to review any documents relevant to the matter, such as contracts. It may have already been decided in these documents how disputes will be handled. 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. South Dakota 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 Madison are versed in the contract law of South Dakota, 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
Contracts sometimes have clauses that mandate resolution outside of court. Methods for reaching out of court solutions are often called Alternative Dispute Resolution or ADR. Mediation and Arbitration are included in the concept of ADR. 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 Madison can counsel you throughout the process and develop the case you will present.