Efficiently resolving California business contract disputes requires a unique approach focused upon proven timely, cost-effective strategies.  Our unique approach to business contract disputes is specifically designed to resolve the matter quickly and in a cost-effective manner.  We begin by establishing clear objectives and outcomes based upon the goals of our clients and implement immediate, consistent and proven tactics to bring the matter into focus, find common ground and ultimately resolve the contract dispute at hand.

Contract disputes in San Diego and throughout the State of California are usually the result of gaps in the terms and conditions contained within the underlying business contract or the lack of any written agreement whatsoever.  It is important to understand the expense and time it will take for a judge to resolve the issue(s) and to gain the cooperation of the other party or parties in search of a resolution.  When this is not possible participation may need to be compelled.

Efficiently resolving California business contract disputes is usually accomplished with effective, leveraged and skilled negotiation.  Our proven trial attorneys are highly skilled negotiators who work to thoroughly document the timeline of events and master the potential damages associated with the dispute and to ensure our clients have taken the steps necessary to mitigate these damages whenever necessary.  We are able to negotiate a settlement or amendment to the contract which allows the parties to move forward and achieve the “benefit of the bargain” in the vast majority of business contract disputes and breach of contract cases we manage.

When negotiations are unable to resolve all issues in dispute, mediation offers a confidential, timely and cost-efficient alternative to waiting for the matter to come to trial.  Many business contracts require arbitration.  Arbitration is much more structured than mediation, and unlike the recommendations of a mediator the findings of an arbitrator are usually final and may not be appealed.  It is important to have skilled, experienced legal representation in mediation and arbitration to protect your interests and ensure you achieve the best possible outcome.

Pro-Tip: “Some of our clients initially perceive they have a lot of control during negotiations, but have to give up some of that control in mediation. It may seem 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. 

If negotiations alone can’t resolve the parties differences, you bring in former superior court, judge Jones (a mediator). And he’s looking at us, the lawyers, and he knows BS when he sees it. So he’s going to have some control in controlling the lawyers from over-valuing this dispute and from over-posturing, just being aggressive for this sake of impressing our 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 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 they’ll 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, 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.

And generally, arbitration 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. They’ve seen crazy jury verdicts their whole life from time to time. And so, and they know the law on the facts. So normally I would expect, you know, a very reasonable sound fair resolution when I go to an arbitrator.” – Dan Watkins, Founding Partner

If you are interested in efficiently resolving San Diego business contract disputes consider the Watkins Firm. 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.