Are you involved in a business dispute? The business mediation and arbitration attorneys at the Watkins Firm have more than four decades of experience resolving business disputes in a cost-effective and timely manner.
As San Diego litigation attorneys with four decades of experience and a strong track record of success the Watkins Firm can tell you that the best strategy for most civil and business litigation cases is to resolve or settle the matter in the shortest possible time frame. The time associated with the resolution of disputes and the extent of the disagreement between the two parties are the primary factors associated with the expense of litigation. How can one reduce the cost of a dispute, as well as the speed with which matters can be resolved?
Key Takeaways About Business Mediation and Arbitration Attorneys for San Diego and Throughout California:
- The best strategy to resolve the majority of business disputes in San Diego or anywhere in California in the shortest possible amount of time is leveraged negotiation.
- The keys to any business dispute are a thorough, well-documented chronology of events and mastery of available damages.
- Any San Diego or California business dispute attorney should have an extensive, successful, and proven track record in negotiation, settlement conferences, business mediation, arbitration, and at trial.
Our Unique Approach to Business Disputes
The Watkins Firm employs a unique approach to business disputes: negotiation, mediation, then arbitration or trial. The primary focus is always the successful achievement of our client’s goals and objectives for the dispute. However, budget and time frames are always critical issues, and most clients want the matter settled positively as quickly as possible. Your Watkins Firm attorney will work to quickly and efficiently develop a thorough, well-documented chronology of events, as well as a mastery of all available damages. These tools allow us to draw opposing parties and counsel into effective negotiations.
The vast majority of Watkins Firm’s business dispute and litigation cases are resolved with our firm’s effective, leveraged negotiation skills. In cases where genuine, principled differences consider mediation and arbitration as alternative dispute resolution options. The first thing most Judges will do is order a “settlement conference,” in effect ordering the parties to negotiate a resolution when possible. ADR strategies recognize the legal and financial realities of a dispute, and work to resolve matters efficiently.
The mediation and arbitration attorneys at the Watkins Firm work with our clients to develop and implement the right strategies to accomplish their goals and objectives for the dispute.
What is the Difference Between Mediation and Arbitration
What is the difference between mediation and arbitration as alternative dispute resolution options? The answer lies in three key factors: contract language, time and money.
Mediation is a fairly loosely structured process facilitated by a neutral third-party mediator. The mediator has extensive experience facilitating negotiations, as well as deep knowledge of the issues and associated law at the core of the dispute(s). The mediator works to establish common ground and makes recommendations to help the parties to resolve their differences. There is no requirement to accept the recommendations of the mediator, but a quality neutral is often successful at leading the parties to a successful conclusion.
The primary advantages of mediation are confidentiality and cost. Mediation is a private legal venue which keeps our client’s business and financial information out of the public record. Mediation is generally faster and less expensive than arbitration.
Arbitration is a much more legally structured environment. Our attorneys provide briefs to an agreed upon “arbiter” or “arbitrator” who gathers evidence and takes direct testimony from the parties and other witnesses. The arbitrator weighs the matter and issues a finding that resolves the dispute for the parties. The ruling of the arbitrator is usually binding (not open for appeal) but the parties know their dispute will be resolved by a fair and neutral third party without the expense of a long trial.
Pro Tip: “…you bring in former superior court, “Judge Jones,” and he’s looking at us, the lawyers, and he knows BS when he sees it. So he’s going to have (strategies for) controlling the lawyers from over-valuing this dispute and from over-posturing, just being aggressive for the sake of impressing their clients.
And he’s going to go back and forth and have the purpose of settlement on his mind, which is what we both want. I’d say 50% of these cases don’t settle at mediation, but after a good mediation a month or two later, it’ll settle because of the mediation. Some mediators actually call us a month later, when we came so close and say, ‘Dan, what can I do? Do you want me to call the other side?’ I’ll say “yeah, good idea. Call the other side.’ And then he’ll call the other side. And they and their clients have calmed down. They’re relaxed and we’ll settle. We have to get to that 95% somehow. So there’s a lot of different ways using the ADR formula with the court has alternative dispute resolution systems, using them to your benefit. Understanding them gives you the best result in 95% of the cases, which is how they resolve.
Arbitration is when you have an agreement in your contract that says disputes are to be resolved by arbitration and it’s usually quicker and cheaper, but you waive the right to a jury trial and the arbitration process itself can be very expensive. But in the long run, waiting to go to trial for two and a half years and waiting for a judge who has an overburdened docket can be just as risky. So arbitrations are great. They cut to the chase and you really don’t have a lot of time for dramatics. You have to have accurate law and facts when you go in and it’s usually decided by your arbitration brief because the (arbitrator) knows when they see a case that has no merit or has great merit.” – Dan Watkins, Founding Partner
Experienced and Proven Business Mediation and Arbitration Attorneys for San Diego and All of California
The experienced and proven business mediation and arbitration attorneys at the Watkins Firm know these proven alternative dispute resolution options save time and money when compared to the lengthy process of a trial. Your Watkins Firm attorney is uniquely positioned to represent you through each step of the process. Our success at trial enhances our ability to successfully negotiate settlements at each step in the process and resolve disputes quickly and cost-effectively for our clients. If you are involved in a business or civil dispute we invite you to review our podcast Episode 11 – Resolving Business Disputes as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
Meet Daniel Watkins:
Daniel W. Watkins is a true people person who sincerely listens. He cares deeply about what others are going through. Dan enjoys digging into the facts and finding creative solutions to problems. He contributes his insights candidly and constructively.
Dan’s interest in people make him deeply invested in every relationship and his exuberant personality makes him a true litigator. Dan fights for his clients with a fierce and calculated commitment.
Dan has practiced in the areas of business, medical practices and healthcare business, high tech/science, real estate and employment defense law since 1987. He is a trusted litigation strategist and true trial attorney with over 50 jury and bench trials to his credit. Dan has successfully represented both large companies and individuals and achieved substantial victories in well-publicized trials throughout California and the U.S.
He is experienced in business and corporate formation and administration, as well as all forms of alternative dispute resolution, including binding arbitration and mediation.
THE ROAD TO BECOMING A BUSINESS LAWYER AND LITIGATOR
Dan has almost 40 years of experience working with, for and against some of the largest insurance companies in the country. He has successfully tried and litigated cases in the areas of Healthcare Compliance, Commercial Litigation, Unfair Business Practices, Fraud, Breach of Contract, Battery, Premises Liability, Product Defect, Medical Malpractice, Discrimination, Sexual Harassment, Construction Defect, as well as Unfair Competition, Defamation, and Trade Secrets.
In December 2003, Dan commenced litigation against Health South Surgery Centers-West, Inc and its’ subsidiaries, exposing the company’s extensive mismanagement and misconduct of its’ surgery centers. Dan has also been asked by some of California’s largest municipalities and corporations to conduct legally required investigations into matters involving alleged employment discrimination and harassment.
