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 Pierre, 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 Pierre are versed in the contract law of South Dakota, and can help you to handle the dispute should it go to court. Negotiations may also proceed more smoothly when an attorney is consulted, which may even lead to a resolution outside of 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. In Pierre, attorneys practiced in ADR can help if your business dispute is to be resolved out of court.