Business disputes in South Dakota often happen in many 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 Mitchell, South Dakota should be to review any documents relevant to the matter, such as contracts. It might have already been determined 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 might 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 specific set of legal principles is used instead. The laws designed to settle contract disputes are different in each state. Lawyers practicing in Mitchell are versed in the contract law of South Dakota, and can help you to handle the dispute should it go to court. With an attorney's knowledge of the law, the parties of a dispute might be able to avoid going to court entirely, since negotiations often proceed more smoothly with representation.
Alternative Dispute Resolution
Disagreements 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. All types of ADR are designed to reach the same decision a court would have, without needing to actually go to court. They carry their own sets of procedures and protocols, and they often involve a neutral third party listening to both sides of a dispute and making a decision based on local law. An attorney experienced with ADR in Mitchell can counsel you through the process if your business dispute is to be resolved by ADR.