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 Rapid City, 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. There are laws specific to each state that govern how to approach dispute resolution. Attorneys practicing in Rapid City are best suited to offer advice in accordance with South Dakota law. 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 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 makes going to court unnecessary, because it is designed to reach the same result that a court would have. Still, some methods of ADR entail their own formal procedures, most enlisting a third party to decide a dispute based on local law just as a judge would do. If ADR is to be used in resolving your dispute, an attorney in Rapid City familiar with ADR procedures can help you develop your case.
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Howard Bender has a wealth of knowledge with trademark contract negotiations. His expertise has helped us move our case forward productively.
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