Many different grounds can give rise to Business disputes in West Virginia. Often, businesses will disagree over the exact meaning of terms found in contracts or prior oral agreements. Billing issues and property matters also commonly form grounds for disagreements between businesses.
What to Do in a Business Dispute?
In a business dispute in Elkins, West Virginia, the parties should first go over any relevant documents, especially contracts. There might be terms in these documents that decide how to handle the dispute. If there are no relevant documents, or the contracts do not have resolution clauses, then the dispute might need to be taken to court. In trying to discover the best resolution for two parties who have not agreed beforehand on a resolution, West Virginia courts will use specific legal principles designed for the situation. The laws designed to settle contract disputes are different in each state. Lawyers practicing in Elkins are versed in the contract law of West Virginia, 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 might even enable you to resolve the dispute without going to court.
Alternative Dispute Resolution
Contracts occasionally 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 eradicates the need to go to court, while attempting to reach the same resolution that a court would have. Different types of ADR involve their own procedures, however, and they often include a neutral third party making a decision based on local law. If your business dispute is to be resolved by ADR, an attorney experienced with these methods in Elkins can counsel you throughout the process and develop the case you will present.