What are the proven strategies to resolve a business dispute in San Diego or anywhere in California?  How can the Watkins Firm’s unique approach to litigation resolve a business dispute quickly and in a cost-efficient manner?

Business litigation is fraught with risk and contingent liabilities which can stretch across many months or more than a year.  The skilled trial attorneys at the Watkins Firm prepare every case from the outset for trial.  The reality is most business disputes are resolved long before the case reaches a Court.  This is based upon business realities, risk and the extensive time required to put a case before a local judge.

The options to strategies to resolve a business dispute in San Diego or anywhere in California include leveraged negotiation, mediation, arbitration or a trial.  Our skilled dispute resolution attorneys resolve most cases through leveraged, skilled negotiation.  We work to open a productive, focused negotiation with opposing parties and their counsel, find common ground and resolve disputes in accordance with our client’s goals and objectives.  Business litigation is based upon damages – the financial value or impact associated with the dispute between the parties.  Our attorneys work to quickly and accurately identify and quantify the damages associated with the dispute and use these as leverage to gain the attention of opposing parties.

Negotiation may resolve most of the dispute, but it may be necessary to seek mediation and/or arbitration to bring the matter to a complete resolution.  The underlying business contract should provide guidance to the parties.  Mediation is a confidential and less formally structured venue where the parties work with a neutral third party to identify potential solutions and ultimately craft a settlement.

Arbitration is much more structured.  While it is designed to avoid many of the expensive and time-consuming legal maneuvering of a trial an arbitration may still present risks.

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 a, 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. So I want to want something more from you.  I want to analyze the damages, analyze what it’s going to cost to fight. And also look at the future business and whether we can salvage this relationship, all of those important things should come into play. 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.

They are married to the dispute. So they’re married to every little fact. And if they have any kind of good business skills, we can coach them give them the law in layman’s terms so that when they negotiate, they’re negotiating with the knowledge of what we would say and even more facts. So they can actually be better than us.

Knowing the facts, the law of damages is key, because that gives your lawyer 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. Cause in civil court, we’re only looking about dollar amounts now getting there and understanding human nature.  Preparation for my clients has to go with damages, the law and damages the facts, getting all the facts down so that we have things to say and then informing my client.

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, Founding Partner

The proven strategies to resolve a business dispute in San Diego or anywhere in California are diverse, but a successful resolution is based in large part upon the experience and skill of your attorneys.  If you are concerned about business litigation or have been served with a lawsuit we invite you to review our podcast Episode 11 – Resolving a Business Dispute as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today. Let’s discuss the matter and how we can work together to accomplish your goals and objectives.