What are the options of Alternative Dispute Resolution or ADR through mediation or arbitration for those facing a lawsuit in San Diego?  Most business professionals understand the time, expense and extended contingent liability associated with a business dispute or lawsuit.  The Watkins Firm attorneys take a unique approach to litigation in an attempt to resolve our client’s cases in a timely and cost-effective manner.  Most business disputes, disputes between members in an LLC,  shareholders disputes or even breach of contract disputes are resolved through effective leveraged negotiation.  Our attorneys work to get to the core issues of the dispute, thoroughly document the chronology of events and accurately assess the associated financial damages.  This provides the leverage necessary to gain the attention of opposing parties and open constructive negotiations in an effort to resolve the matter quickly and efficiently.  The Watkins Firm is able to resolve the vast majority of our cases through effective, leveraged negotiation.

There are occasions where a party is obstinate or a matter of principle is involved.  There are other situations where the parties have legitimate disagreement on either the terms of the underlying agreement, the facts surrounding the dispute or some other facet of the lawsuit.  In these cases the process of ADR through mediation or arbitration provide an opportunity to resolve the lawsuit much more quickly and with substantially less expense than a trial. Mediation is a more flexible environment where the parties are agree upon a mediator who helps to find common ground and propose alternative solutions.  Each party and their representatives contribute to the process and ultimately part or all of the dispute can be resolved.  Mediation is a confidential and private environment and helps to keep sensitive information out of the public record.

Arbitration is a much more structured environment.  The arbiter is also selected by the parties to hear their case.  Unlike mediation, the ruling of the arbiter is final and cannot be appealed unless there is blatant fraud or collusion between the arbiter and another party.  The process is much more structured, but it eliminates many of the legal motions and processes which draw a case out and add substantial expense.  The arbitrator will usually ask each party’s attorney to provide a brief, hear witnesses, gather evidence and ultimately issue a “finding” which binds the parties to a resolution.

Pro-Tip: “We want to get the facts down and we want the evidence they have in chronological order, because that’s the best way to communicate to the other party, to a third party, to anyone is in chronological order. That’s how we think. Then I want to help our clients analyze the damages. Whether you are feeling like they owe you something, they’re not complying with the agreement or vice versa. I also want to work with you to analyze what it’s going to cost to fight, as well as the potential for future business. Whether we can salvage this relationship, all of those important things should come into play, and we give good advice. Sometimes we’ll even advise our clients how we would think about it and then let them go talk to their partner or whoever they’re dealing with on their own armed with our knowledge and our negotiation technique.

Knowing the facts, the chronology and the law of the damages is key, because that gives your lawyer to the ability to predict what would happen if you went to trial tomorrow and you won, what would you win? That’s it, that’s the number. In civil court, we’re only looking about dollar amounts , how to get there and understanding human nature. 

The outcome is we either have a real simple resolution and they go their own ways or we have a complex resolution or they agree on some kind of compensation and they agree on what to do going forward. Because they’re usually tied together almost like a marriage. And so you just can’t say it’s over because you didn’t pay me that $5,000 you owed me because there’s all these other entitlements and agreements and considerations you have to think about when moving forward.” – Dan Watkins, Managing Partner

The options of Alternative Dispute Resolution or ADR through mediation or arbitration can save time and significant expense in a San Diego business 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.  We will discuss your unique circumstances and the options available to accomplish your goals and resolve the dispute at hand in a timely and cost-efficient manner.