Is it possible to resolve a San Diego contract dispute without business litigation? The experienced dispute resolution attorneys at the Watkins Firm have served the San Diego and California business community for more than four decades. Our unique approach to litigation ensures that our client’s goals and objectives are met in the shortest possible time frame and in a cost-effective way. There are several strategies to resolve contract disputes or a breach of contract. San Diego business and contract disputes don’t have to result in expensive and time consuming business litigation.
The experienced contract dispute resolution attorneys at the Watkins Firm will work to resolve your contract dispute quickly and efficiently and put an end to the lawsuit and associated expenses.
It may surprise you to learn the San Diego business litigation attorneys at the Watkins Firm are able to resolve the vast majority of our contract dispute cases through effective, leveraged negotiation, often before a lawsuit is even filed. Our attorneys work quickly and efficiently to document all that has happened and construct a strong chronology based upon important documents, communications and other evidence. We respect the nature of business relationships and understand that a contract dispute or breach doesn’t have to destroy a profitable business relationship. Sometimes the parties simply need assistance working through areas of principled disagreement.
This can be accomplished in a civil manner, without the need for expensive posturing or a flood of legal filings.
Have You Been Served Papers in a Business Lawsuit?
Have you been served papers in a business lawsuit? When negotiations are unsuccessful it is quite common for one of the parties to file a business lawsuit. You will need the sound advice and counsel of the Watkins Firm as we work to resolve the underlying dispute quickly and efficiently while accomplishing your goals and objectives for the matter.
The Court will require a mandatory Settlement Conference before the matter can ever come to trial, however, the most common next steps are business mediation and/or arbitration.
Business Mediation and Arbitration
Business disputes are an unfortunate but common part of doing business. Contract disagreements, partnership conflicts, and shareholder disputes can disrupt operations and threaten the success and direction of an organization. While many people assume these disputes must be resolved in court, there are several alternatives that can deliver faster, more efficient outcomes. In many situations, Watkins Firm attorneys work to resolve a San Diego Contract Dispute through leveraged negotiation based on a thorough, well-documented chronology and a mastery of the damages. This is how the vast majority of our business contract disputes are resolved. When negotiations are not able to resolve every issue, we work through settlement conferences, business mediation or arbitration to resolve the matter before they escalate into lengthy business litigation.
Both business mediation and business arbitration are forms of alternative dispute resolution (ADR). These processes allow the parties to work with a neutral third party to evaluate the dispute and seek a resolution outside the traditional courtroom. Although both methods rely on a neutral decision-maker, the structure and legal consequences of mediation and arbitration differ significantly.
Business mediation is typically the least formal of the two processes. In mediation, the parties voluntarily meet with a trained mediator who facilitates discussion between the sides. The mediator does not decide the case or impose a ruling. Instead, the mediator evaluates each party’s position and helps them explore possible solutions.
During mediation, the process usually includes:
- A review of the claims and defenses presented by each side
- Private discussions between the mediator and the parties
- Evaluation of the strengths and weaknesses of each position
- Suggestions for settlement options that may resolve the dispute
The key feature of mediation is that the parties retain control over the outcome. Any settlement agreement must be accepted voluntarily by both sides. If the dispute cannot be resolved during mediation, the parties are free to pursue other legal remedies.
Business arbitration operates differently. Arbitration is a more structured process that resembles a streamlined trial. Instead of a judge and jury, the case is heard by an arbitrator or panel of arbitrators who review the evidence, hear witness testimony, and issue a final decision.
Important characteristics of arbitration often include:
- Presentation of evidence and witness testimony
- Formal legal arguments from both sides
- A final written decision issued by the arbitrator
- Limited grounds for appeal in most cases
In many commercial contracts, arbitration clauses require disputes to go through binding arbitration rather than at trial. When arbitration is binding, the arbitrator’s decision is final and enforceable in court.
Because arbitration often provides only one opportunity to present the case, expert preparation and execution are essential. Our experienced attorneys work to ensure that evidence, financial records, and witness testimony are presented clearly and effectively. In complex commercial matters, Watkins Firm attorneys resolve a San Diego Contract Dispute while protecting our client’s interests and resolving disputes efficiently so the business can continue operating or proceed toward a successful transaction.
Pro Tip: “…you bring in former superior court, “Judge Jones,” and he’s looking at us, the lawyers, and he knows BS when he sees it. So he’s going to have (strategies for) controlling the lawyers from over-valuing this dispute and from over-posturing, just being aggressive for the sake of impressing their 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 these 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 they 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 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 disputes are to be resolved by arbitration and it’s usually quicker and cheaper, but you waive the right to a jury trial and the arbitration process itself 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 (arbitrator) knows when they see a case that has no merit or has great merit.” – Dan Watkins, Founding Partner
Resolve a Contract Dispute without Business Litigation in San Diego and Southern California
It is absolutely possible to resolve a contract dispute without business litigation in San Diego and Southern California. The business dispute resolution attorneys at the Watkins Firm provide more than 40 years of experience as well as a strong, proven and successful track record to your side of the equation.
Your focus should be on the profitable operation of your own business. We work with you to establish goals and objectives for the dispute and then focus upon accomplishing them in a timely and cost-efficient manner.
If you have become involved in a contract dispute or breach of contract litigation we invite you to review our Podcast Episode 15 – Contract Law 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 Daniel Watkins:
Daniel W. Watkins is a true people person who sincerely listens. He cares deeply about what others are going through. Dan enjoys digging into the facts and finding creative solutions to problems. He contributes his insights candidly and constructively.
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 trusted litigation strategist 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.
