Resolving disputes between LLC members and business partners requires experienced, skilled San Diego business attorneys.  When a dispute arises between business partners or members of an LLC it can have a tremendous impact on the day-to-day operations of the company and ultimately the long-term success of the venture.

The experienced business litigation and dispute resolution attorneys at the Watkins Firm take a unique approach to resolving business disputes between partners and LLC members.  Watkins Firm attorneys work with our clients to establish specific goals regarding the dispute.  Most of these disputes are resolved through negotiation.  Our attorneys understand the importance of the underlying relationships as well as the ongoing nature of the business itself.  We work to create an environment which is conducive to resolving the dispute(s) at hand while repairing the relationship between the parties whenever possible.

Resolving disputes between LLC members and business partners may require settling the case through mediation or arbitration.  Mediation is a more informal environment where the parties work with an experienced and neutral third party mediator.  The mediator helps to clarify the issues on the table and works with the parties and their legal counsel to identify potential solutions.  Your Watkins Firm attorney provides sound counsel during this process and works to provide positive input and influence to ensure any potential resolution reflects our client’s goals and desired outcome.

We also represent clients in arbitration.  Arbitration is a much more formally structured legal venue which is designed to ensure the matter is brought to a resolution in a short period of time.  There is much less flexibility for the parties in an arbitration, and potentially less control and influence on the outcome.  The findings of the arbitrator are final, and cannot be appealed except in extreme cases of collusion or other impropriety.  You can rely upon our extensive skill and arbitration experience as we seek a just outcome in your case.

Pro-Tip: “Some people perceive they have a lot of control during negotiations, but have to give up some of that control in mediation. It seems like that would be true, but 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 not 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. But those lawyers’ personalities are going to mirror their client’s personalities a little bit, kind like a politician, not total control. 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 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 why don’t 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 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, 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.” – Dan Watkins, Founding Partner

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. Learn how our experienced team helps to resolve disputes between LLC members and business partners members quickly and effectively.