Efficient and effective legal dispute resolution in San Diego and Southern California requires a combination of extensive experience and legal skill. It might surprise you to learn that the Watkins Firm is able to resolve the vast majority of our genuine business dispute cases through effective, leveraged negotiation. This is the fastest, and least expensive path to resolve our client’s challenges, while accomplishing their goals and objectives.
Important Takeaways Regarding Efficient and Effective Legal Dispute Resolution:
- Any conversation with an experienced business dispute resolution attorney should begin with a free consultation. You should feel comfortable discussing your situation with the attorney(s) and establish both a business and personal connection.
- A thorough, well-documented chronology of events and a mastery of the potential or available damages are the keys to any business dispute, as well as it’s resolution.
- The ability to take any case to trial and win is an important element in the equation of driving the matter to a successful conclusion through Alternative Dispute Resolution or ADR tools such as negotiation, a settlement conference, business mediation and/or arbitration.
Let’s Have a Conversation About the Issue(s) at Hand
If you are searching for efficient and effective legal dispute resolution, the Watkins Firm brings 40+ years of experience serving the business, science and tech, real estate and medical / healthcare communities here in San Diego and across California to your side of the equation. We begin the process of quick and efficient legal dispute resolution with a complimentary and substantive consultation that provides our clients with a strong understanding of their legal options, and the strategy we recommend to reach the most effective resolution based upon their unique goals. We also provide a sound budget so that they are well prepared and informed as we begin our work. Our clients value the approach we take and the efficient manner we employ to resolve their dispute.
A Thorough and Well-Documented Chronology and Mastery of the Damages Are the Keys in Any Dispute
The primary ingredients to any business dispute resolution are a thorough, well-documented chronology of events, and a mastery of available and potential “damages” associated with the dispute. Once these tools are in place, it is important to carefully document all of the costs associated with the dispute, and the lost opportunities and additional expense associated with actions of the other party. This information provides the leverage needed to communicate several things to the other party or parties in the dispute:
- Our client is serious about protecting their interests and resolving the dispute
- We are prepared to take the matter through each stage of the legal process on our client’s behalf (negotiation, mediation, arbitration or litigation) and have a strong reputation and successful proven track record of winning
- We are prepared to enter constructive negotiations to resolve the matter
The Elements of Efficient and Effective Legal Dispute Resolution
What are the elements of efficient and effective legal dispute resolution in San Diego, or anywhere in California? Negotiation is always the fastest and most cost-effective manner of resolving our client’s legal disputes, and whenever possible we work to achieve this result. When it is necessary, and consistent with our client’s goals and objectives, we will pursue a positive resolution through an Alternative Dispute Resolution or ADR venue such as a settlement conference, mediation, arbitration, or through trial in a Court of law.
Once a lawsuit is filed, our Courts require a settlement conference to set the stage for working to resolve part or all of the dispute. When the settlement conference fails to resolve every issue of the dispute, the next step is usually business mediation. This can actually be a productive environment. Mediation is confidential, and is completely separate from any other step in the process. The information and communications shared in mediation cannot be simply introduced into any subsequent steps in the process. The case may be resolved during mediation, or in the weeks that follow as the reality of each party’s position has a chance to sink in and emotions to pass.
Arbitration is specified in many contracts as an alternative to trial. Arbitration is a much more efficient and structured environment than trial, designed to eliminate a lot of the superfluous motions and preliminary posturing and get to the heart of the matter. The arbitrator has the authority to establish the process, marshal evidence and testimony, and ultimately issue a binding decision that cannot be appealed in most cases. Arbitration is more costly than mediation, but less expensive than most trial solutions. It can also help to reduce risk for each party as the arbitrator is more likely to see through to the real essence of the dispute and issue a more balanced decision.
Pro-Tip: “Some people perceive they have a lot of control during negotiations, but have to give up some of that control in mediation. And while it seems like that would be true, 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, and personalities control, then when you have lawyers representing them, you get a better chance of settling.
Now, in mediation, you bring in former superior court, judge Jones. 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: 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. Some mediators actually call us a month after 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 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, 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, 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 or herself 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. So it keeps a lot of the extraneous legal stuff out of the way and focuses the matter to a head. And generally it keeps crazy verdicts from happening because if you win, you’re going to get something reasonable. And if you lose, it’s going to be something reasonable. Their goal is to try to be reasonable. The arbitrator is experienced, and they’ve seen their own share of crazy jury verdicts their whole life from time to time. And they know the law on the facts. So normally I would expect, a very reasonable sound fair resolution when I go to an arbitrator.” – Dan Watkins, Founding Partner
40+ Years of Experience, Proven Strategies to Efficiently and Effectively Resolve Your Business Dispute in California
Efficient and effective legal dispute resolution in San Diego and throughout California is crucial for any business. If you have a legal dispute, and value the experience and efficiency that is only gained through decades of effective legal service, we invite you to review our podcast Episode 12 – Resolving Business Disputes (part 2) 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 Dan Watkins:
Daniel W. Watkins is a true people person who sincerely listens. He cares about things that occur in other people’s lives. Dan enjoys digging into the facts and finding creative solutions to problems. He is not shy about giving his opinion either.
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 seasoned litigator 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.
