Despite the best of intentions, some deals deteriorate and become adversarial. When this happens, more is at risk than just the business relationship. Business disputes between and within businesses can result in significant damages and lost reputations–in addition to the stress and other soft costs involved (e.g., lost time responding, searching for documents, and responding to requests for documents). If you or your business is in an adversarial situation, please call our firm to discuss your matter.
Breach of Contract Business Disputes
Most business disputes are based on claims that one party to a contract breached its obligations.
Whether you are the party who wants to file or needs to defend against a breach of contract lawsuit, our firm can help.
Business Partnership Disputes
Although many business partnership relationships are governed by written contracts, certain business partnership relationships may arise based on an oral contract.
Whether a business partnership dispute arises from a written contract or an oral contract, please call our firm to discuss your matter.
Alternative dispute resolution (ADR) is a method of resolving disputes without going to court (litigation). Generally, ADR is more efficient because of less formality than dealing with a dispute in court. In addition, ADR (and the documents submitted in the context of an ADR dispute) is confidential–unlike court litigation.
Generally, there are two methods of ADR: mediation and arbitration.
Mediation involves a third-party neutral, known as a mediator, who listens to both aspects of the dispute and generally proposes a compromise for the disputing parties to settle their dispute. The mediator does not decide the outcome for the parties but instead facilitates productive discussions aimed at helping them reach a settlement. In addition, the mediator’s proposals or “decision” is not binding on either party.
Arbitration, in contrast to mediation, involves one or several individuals (arbitrators) that act similar to judges by reviewing each party’s evidence and listening to each party’s claims regarding the dispute, and eventually, a decision is rendered. Unlike mediation, the arbitrator does not actively propose compromise and the arbitration decision typically is binding on both parties.
The one downside to arbitration is that it is extremely difficult to overturn (or appeal) an arbitration decision.
Contact Our Firm Today
Business disputes are complicated and can mean substantial consequences for both parties involved. Whether you want to initiate a claim or need to defend a claim, call us today to discuss your matter.