If you have been in almost any type of business here in San Diego and throughout the State of California you know how quickly a dispute can arise.  The key to resolve business litigation in San Diego or anywhere in California is the leverage to draw other parties into negotiations or an effective venue to resolve the dispute.

Key Takeaways About How to Resolve Business Litigation in San Diego and Throughout California:

• The key to resolve business litigation in San Diego or anywhere in the State of California involves the type of leverage required to draw opposing parties and their counsel into negotiations or the most appropriate venue to resolve the dispute at hand.  Very few business disputes reach trial.
• You want an experienced, proven business litigation who has a successful track record at trial.  This provides additional leverage to let the other side know you mean business, and to drive the situation to a successful close while protecting your own goals and objectives.
• The Watkins Firm is able to resolve the vast majority of business disputes and litigation through effective, leveraged negotiation. This is the fastest, and least expensive path to accomplish your goals and protect your own exposures and options.

Types of Business Disputes in Southern California

There are as many types of business disputes in California as there businesses.  A dispute can arise between companies, sometimes between your company and a supplier or customer.  Breach of contract is one of the most common business disputes.  Employee-related disputes continue to rapidly escalate and any California employer knows the vast complexity of the laws and regulations facing a California employer, as well as the risks of a PAGA class action lawsuit.

Another common source of business disputes occurs between the people involved in a business itself.  There me be arguments between co-owners such as partners or members in an LLC.  Shareholder disputes are unfortunately quite common.  Shareholders have specific rights under federal and California commercial law and the Watkins Firm has decades of experience resolving business litigation in San Diego between shareholders or co-owners.

Another substantial source of business disputes involves theft and deception.  Commingling funds and assets or misrepresenting facts or information to manipulate an outcome are common challenges.  Business fraud extends into everything from external business transactions to matters involving officers or shareholders in the same company.  Unfair business practices involving fraud and deception are common factors in resolving business litigation in San Diego and Southern California.

A Unique Approach to Resolve Business Litigation in San Diego and across California

The Watkins Firm has developed a unique approach to resolve business litigation in San Diego and throughout the State of California in a timely and cost-efficient manner.

One important fact to keep in mind is this: The Watkins Firm is able to resolve the vast majority of our client’s business disputes and lawsuits through effective, leveraged negotiation. This is the fastest and least expensive way to resolve any business dispute or litigation.

The earlier in the process this can be accomplished, the better for all parties involved.  Costs are contained, and the underlying business has a much better opportunity to survive and thrive.  Our attorneys work to understand our client’s objectives for the dispute at hand.  We work to quickly and efficiently evaluate all associated documentation, communications and financial records, and thoroughly document the chronology of events and master associated damages. These tools provide the leverage to draw opposing parties and their counsel into effective, leveraged negotiations.

When negotiations are not able to resolve every aspect of the dispute, the next step in the process is usually a lawsuit, followed by a Court mandated settlement conference and/or business mediation.  If a lawsuit is filed our Courts require a “settlement conference” prior to trial.  The fact is very few cases reach a trial.  If your matter requires taking the case to trial, the Watkins Firm has attorneys with almost 40 years of actual trial experience and a strong track record of proven success.  Our track record and reputation add strength to your side of the equation.

Mediation is a confidential, private legal venue where an independent third party mediator with extensive knowledge and experience in these types of dispute and associated law works between the parties to clarify positions and expectations and the realities of the law and how these cases are usually resolved.  The goal is to help the parties through “the dance” to an agreed upon settlement.

Many contracts specify arbitration as an alternative to going to trial.  You need effective, proven legal representation in arbitration.  The process is much like a Court without many of the superfluous motions and a little more latitude on what can be considered admissible evidence or testimony.  The neutral arbitrator hears the matter and renders a decision which is usually binding and final.  The ruling of an arbitrator in binding arbitration cannot be appealed except in very rare circumstances involving collusion.

Pro-Tip: “We know how to resolve a business to business lawsuit.  We handle these matters all the time.  We are able to resolve most matters through effective, leveraged negotiation.  If not, the next opportunity is the settlement conference, or mediation.  What happens in mediation?

The parties agree upon the mediator, and you bring in former superior court, judge Jones, and he’s looking at us, the lawyers, and he knows the difference between genuine issues and posturing 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 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. And a lot of times here’s the thing: they often don’t immediately settle. 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 formulas, 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 it 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.  The arbitrator makes a decision. The decision is final. There’s no appeal. And unlike a trial, it’s just over.

And, because we start with a thorough chronology, mastery of the damages, and all of our philosophies on how to prepare a case, we’re ready to go to trial. And we’ve tried lots of cases. If it’s a trial, we really enjoy jury trials. If it’s arbitration, we’ve been around so long, we’re comfortable with the arbitrators.  And then jury trials, we’ve tried so many jury trials that we really feel comfortable picking a jury going through the jury selection process. Our whole team knows how to get all the exhibits ready, comply with all the court, local rules, having everything professional and laid out, having expert witnesses, ready to go. You put on a show, we enjoy doing it. We don’t think we should have to do it that much. We’d rather settle. But when we go to trial, we like getting that big jury verdict. It’s just wonderful.” – Dan Watkins, Founding Partner

If you are looking for experienced, proven business dispute resolution attorneys who employ a unique approach to resolving business litigation in San Diego and Southern California 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.

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.