What are the best strategies for the resolution of a legal dispute with a member of your LLC in California?  Serious disputes between business owners, partners or members or owners of an LLC can risk the very life of the business itself, not to mention profits and the loss of current and future opportunities.

Legal disputes between members distract them from their primary task: seeking new opportunity and running their company. In addition to the business issues, there are quite often personal relationships that go well outside of the company itself. Many business partners have been personal friends or close associates for years. Their spouses and families know each other and the dispute can take on a much heavier emotional component.

The experienced San Diego business lawyers at the Watkins Firm have more than four decades of experience to contribute to the resolution of a legal dispute with a member of your LLC. We understand not only the business and legal aspects of an argument, but the personal and relationship implications as well. We provide a free and substantive consultation, followed by a strategic plan that will accomplish your objectives in the appropriate time frame and with a budget that you approve even before hiring us. We take every step possible to resolve the dispute quickly and efficiently, while protecting your interests and goals.

Pro-Tip: “Some people perceive they have a lot of control during negotiations, but have to give up some of that control in mediation. 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 they can’t settle it on their own, and 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. 

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 we don’t want him to think that we’re full of BS, just because our clients want us to fight hard. So he’s going to contribute the respect they have for him, as well as his authority in controlling the lawyers from over-valuing this dispute and from over-posturing, just being aggressive for the sake of impressing their clients.

The Judge is going to go back and forth and have the purpose of settlement on his mind, which is what both parties want. But what if the matter isn’t settled in mediation? I’d estimate roughly 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 later, 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.” – Dan Watkins, Founding Partner

Resolution of a dispute with a member of your LLC is much more than simply legal work. It involves strong communications and human relationship skills. It requires openness, and a spirit of cooperation and a “can do” attitude. We will be firm and aggressive when necessary, but often the best strategy is to help to re-establish common ground and to rebuild bridges between the parties that help them to visualize the way through the dispute to a very successful conclusion.

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.