At Polek Law, our business dispute attorney in San Diego will be an integral part of the business dispute resolution process to assert your rights and protect your interests and assets.
Before going to court, the parties may attempt to resolve an issue via alternative dispute resolution (e.g., negotiation, mediation, or arbitration). This can save the parties significant amounts of time and money.
During a negotiation, the parties discuss the matter to try to resolve it amicably. While negotiation is a more informal process, business dispute lawyers will often be involved because they have skills that allow them to effectively navigate the process.
Negotiation is the most cost-effective way to resolve a dispute. Negotiation avoids more formal processes that require the involvement of external parties.
In a mediation, the parties discuss the matter with an independent mediator to try to find a mutually agreeable solution to the issue. The process results in a mediation agreement, which the parties must follow.
During arbitration, an arbitrator (or panel of arbitrators) hears each party’s case and decides the matter.
The contract often determines if arbitration is available to the parties in their specific situation. If there is an arbitration clause, the parties may be barred from going to court.
As a last resort, if parties are unable to otherwise resolve their dispute, they may proceed to formal litigation in court. This involves one party filing a civil complaint against the other and they eventually hear the matter before a judge and jury, who then give their verdict.
Litigation can be drawn out, costing the parties significant amounts of time and money. Their respective business dispute attorneys typically represent the parties.