Effectively Resolving a Breach of Contract Dispute

Effectively Resolving a Breach of Contract Dispute in San Diego

Effectively resolving a breach of contract dispute requires legal skill and experience.  The Watkins Firm has served San Diego employers and the business community for decades.  We take a unique approach to breach of contract cases which is designed to resolve the matter quickly and in a cost-efficient manner.  Most breach of contract disputes are resolved through negotiation.

The Watkins Firm quickly masters the damages associated with the breach of contract which serves as leverage to capture the attention of the other party and bring them to the negotiating table.  We work to identify the core issues in the dispute and to negotiate a work around or settlement which reflects the goals and objectives of our clients.

Mediation and arbitration are cost effective alternatives to litigation before a San Diego Court and effectively resolving a breach of contract dispute.  Mediation is a non-binding and confidential venue where a neutral third party works to help the parties in the dispute to find common ground and develop options for resolving the underlying breach of contract.  The Watkins Firm represents our clients in mediation and works to influence the outcome in a manner which reflects our clients best interests.

Arbitration is a much more formal and structured legal environment, though much faster and less cumbersome than a trial before a judge or jury.  Many of the motions and other legal strategies found at trial are eliminated in arbitration.  The arbiter is selected by the parties to hear the dispute.  The arbiter will usually request a brief from the attorneys representing the parties, followed by review of the evidence and gathering testimony.  The arbitrator issues a decision which is binding upon the parties.

Dan Watkins Founding Partner of the Watkins FirmPro-Tip: “Some people perceive they have a lot of control during negotiations, but have to give up some of that control in mediation. It seems like that would be true, but it’s not. When you have two people in the beginning, without lawyers talking to each other, either they’re going to solve it or they’re not. And if not personalities control, then when you have lawyers representing them, you get a better chance of settling.

We’re all paying some good money to have someone who’s intelligent and well educated to solve our problems. But those lawyers’ personalities are going to mirror their client’s personalities a little bit, kind like a politician, not total control. Now you bring in former superior court, judge Jones, and he’s looking at us, the lawyers, and he knows BS when he sees it.  And he’s going to go back and forth and have the purpose of settlement on his mind, which is what we both want. And a lot of times here’s the thing why don’t settle. I’d say 50% of our cases don’t settle at mediation, but after a good mediation a month or two later, it’ll settle because of the mediation.

Arbitration is when you have an agreement in your contract that says, I’m going to resolve this by arbitration and it’s usually quicker and cheaper, but you waive the right to a jury trial and the arbitrator himself 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 judge knows when he sees a case that has no merit or has great merit.” – Dan Watkins, Founding Partner

The Watkins Firm prepares every case for trial from the outset.  Our track record in breach of contract cases is quite strong.  Effectively resolving a breach of contract through negotiation, mediation or arbitration avoids the time delays and costs of a protracted trial.  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.