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 Kanawha County, West Virginia, the parties should first go over any relevant documents, especially contracts. There may be terms in these documents that determine how to handle the dispute. If there are no relevant documents, or the contracts do not have resolution clauses, then the dispute may need to be taken to court. West Virginia 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. Each state has different business laws about dispute resolution and contract law. An attorney practicing in Kanawha County can help you handle your dispute in accordance with the applicable West Virginia laws. With an attorney's knowledge of the law, the parties of a dispute may be able to avoid going to court entirely, since negotiations often proceed more smoothly with representation.
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 focuses on reaching the same resolution that a court would have, without the parties actually going to court. Methods of ADR often involve their own protocols, sometimes bringing in a third party to find a solution based on local law. In Kanawha County, attorneys specialized in ADR can help if your business dispute is to be resolved out of court.