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 Spearfish, 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 Spearfish are best suited to offer advice in accordance with South Dakota law. Discussion with the other business about how to resolve the dispute may also proceed more smoothly under the direction of an attorney, avoiding the need to go 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. All forms 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 determination based on local law. In Spearfish, attorneys experienced in ADR can help if your business dispute is to be resolved out of court.