It may surprise you to learn that the Watkins is able to resolve a business dispute with litigation in the vast majority of our cases.  In fact, most of our business dispute matters are resolved through effective, leveraged negotiation.  This is the fastest and least expensive path to protect your interests and accomplish your goals while resolving the business dispute at hand.

The business dispute attorneys at the Watkins Firm have helped to resolve legal disputes and lawsuits here in San Diego and throughout California for more than four decades.  We gain a thorough understanding of the dispute and identify our client’s goals and objectives.  The keys in a business-related dispute are to research and prepare a chronological, thorough documentation of facts and all associated communications, as well as a mastery of any potential damages.  These are the tools we use to gain the attention of opposing parties and their counsel while ensuring we are in a strong, leveraged position of strength for negotiations.

Our lawyers work to foster a cooperative working environment enhancing the opportunity for a negotiated settlement, while clearly communicating and establishing our client’s resolve to take any measure to accomplish a successful outcome.  When there are entrenched positions and issues of genuine principle, the matter will often result in a settlement conference with the Judge or a former judge, or business mediation.  In a mediation, an expert, neutral mediator is selected by both sides, and works with each to establish a clearer understanding of the actual core issues.  The mediator will work to help each party to understand the strengths and weaknesses of their own positions, while seeking to find common ground.  The mediator will work with the parties, Watkins Firm attorneys and opposing counsel to negotiate a resolution or settlement of all or part of the issues at hand.

Many business contracts require arbitration as an alternative to trial to resolve a business dispute without litigation at trial. Arbitration is a highly structured legal environment where the arbitrator has the power to design the process itself, and how evidence and testimony will be marshaled and weighed.  The ruling of the arbiter in these cases is final, and this is why it is important to work with the experienced trail attorneys at the Watkins Firm.  We are skilled dispute resolution attorneys with extensive experience in each forum, as well as a proven track record of success.

Pro-Tip: “The outcome of most business disputes is we either have a real simple resolution and they go their own ways or we have a complex resolution and they agree on some kind of compensation, as well as 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.

There’s usually a settlement agreement at the end of a dispute between two parties that are in business together.  This is much different than two separate parties who had one contract. Completely different. If you’re going to stay in business with each other, then you’re going to want additional clauses and assurances that this thing won’t happen again, you’re going to want to give some kind of compensation or power, change the structure, do something to improve the situation. Those things we can handle because we have a transaction team here too.

So when we acquire business, we’re already putting those kinds of clauses in. So you might be in a business dispute with a partner because you didn’t have those types of clauses in your agreement to begin with. And perhaps the resolution of your lawsuit will be having proper paperwork to go forward. The reality is most good business relationships have disagreements along the way. And at some point in time, you’ll find yourself in something called a mediation or settlement conference, which is different than just negotiating with and through our attorneys. This is where you’re going to sit in front of a non-biased, really intelligent settlement conference, judge or mediator. And they’re going to twist both your arms and hopefully help you to understand where you really stand based upon the facts and the law.

And they’re going to tell you good stories of the hundreds of trials they’ve presided over and how they came out.  And sometimes that wakes you up when you can have some judge, who doesn’t favor one or the other, say, ‘look, I tried 25 cases like yours. And the biggest fear was this, this and this or the other flip side of that.’ They say, ‘you know, you’re going to win, but what is it going to cost you to get there? And how much is it going to hurt your business? What are you going to do to win this trial? You’re going to damage your entire company to win this case, or you going to do something reasonable, move on and carry on with your life.’ ” – Dan Watkins, Founding Partner

The experienced attorneys at the Watkins Firm can represent you at each stage of the process up to and including trial.  Our clients appreciate the focus we bring and the timely and cost-effective manner with which we resolve their cases.  It is absolutely possible to resolve a business dispute without litigation here in California, but it is prudent to be prepared for any opportunity or contingency.

If you are involved in a business, disagreement, dispute or lawsuit, it is usually a priority to protect one’s interests while working to resolve the matter as efficiently as possible. 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.