What are the alternatives of mediation or arbitration to those facing a lawsuit in San Diego? Most business professionals understand the time, expense and extended contingent liability associated with a business dispute or lawsuit. The Watkins Firm attorneys take a unique approach to litigation in an attempt to resolve our client’s cases in a timely and cost-effective manner. Most business disputes, disputes between members in an LLC or shareholders disputes or contract disputes are resolved through effective leveraged negotiation. Our attorneys work to get to the core issues of the dispute and accurately assess the associated financial damages. This provides the leverage necessary to gain the attention of opposing parties and open constructive negotiations in an effort to resolve the matter quickly and efficiently.
There are occasions where a party is obstinate or a matter of principle is involved. There are other situations where the parties have legitimate disagreement on either the terms of the underlying agreement, the facts surrounding the dispute or some other facet of the lawsuit. In these cases the alternatives of mediation or arbitration provide an opportunity to resolve the lawsuit much more quickly and with substantially less expense than a trial. Mediation is a more flexible environment where the parties are agree upon a mediator who helps to find common ground and propose alternative solutions. Each party and their representatives contribute to the process and ultimately part or all of the dispute can be resolved. Mediation is a confidential and private environment and helps to keep sensitive information out of the public record.
Arbitration is a much more structured environment. The arbiter is also selected by the parties to hear their case. Unlike mediation, the ruling of the arbiter is final and cannot be appealed unless there is blatant fraud or collusion between the arbiter and another party. The process is much more structured, but it eliminates many of the legal motions and processes which draw a case out and add substantial expense. The arbitrator will usually ask each party’s attorney to provide a brief, hear witnesses, gather evidence and ultimately issue a “finding” which binds the parties to a resolution.
The alternatives of mediation or arbitration can save time and significant expense in a San Diego business dispute. We invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today. We will discuss your unique circumstances and the options available to accomplish your goals and resolve the dispute at hand in a timely and cost-efficient manner.
