What is the fastest way to resolve a breach of contract dispute in San Diego or anywhere in California? The Watkins Firm business dispute and breach of contract resolution attorneys have more than four decades of experience in these matters. We understand that our clients want disputes resolved quickly and in a cost-effective manner. We take a unique approach that is designed to accomplish these objectives while protecting our client’s desired outcome for the dispute itself. This enables us to resolve the vast majority of our disputes, lawsuits and business litigation through skilled, leveraged negotiation. This is the fastest and least expensive path to resolve any business-related dispute.
The first step is always the construction of a thorough, well-documented chronology of events. We also work to quickly and accurately assess the financial damages associated with any business dispute. The chronology and potential damages provide the effective leverage needed to capture the attention of opposing parties and bring them to the negotiating table. We take a constructive tone that is designed to establish common ground and quickly identify potential resolutions that will accomplish our client’s goals.
Negotiation is the Fastest Way to Resolve a Breach of Contract – But, What Happens if the Matter Involves a Substantial, Principled Argument?
A complex business dispute may require business mediation. When the subject of the dispute is deeply entrenched, principled or other parties are unreasonably argumentative (usually in defense of a poor negotiating position) we may elect to seek mediation. Mediation involves a neutral third party who works with the parties and their attorneys to identify the core issues of the dispute, establish multiple options to resolve these disputes and ultimately seek an agreed upon settlement or resolution to the dispute. The ruling of the mediator is not binding, however this constructive venue provides the calming and professional input of a trained third party (the mediator) who guides the process in an efficient and cost-effective manner.
When negotiation or mediation are unable to completely resolve the dispute at hand, many business contracts specify arbitration as an alternative to a trial. Arbitration is a focused legal venue that follows many of the same processes as a trial without all of the wasted time of discovery and superfluous motions. The arbitrator is agreed upon by the parties and has the authority to marshal the evidence and witness testimony and render a final judgment that can almost never be appealed by the parties. However, arbitration is completed in a matter of days or weeks and the parties are free to move forward once the matter is resolved.
Pro-Tip: “95% are resolved by settlement. They parties agree to settle after they get tired of beating each other. But more specifically the offers, an offer of settlement negotiations. That’s the first way. And then very, very helpful is mediation settlement conferences, where you go to a third party and you literally sit in different rooms. While one experienced judge goes back and forth and say is, what about this? What about that? What about this? Until you can try to make a meeting of the minds. And that judge will tell you practical things about what you’re doing, how you’re wasting your life and litigation and how you could just resolve this and probably come out more ahead than if you went to court.
And there’s also arbitrations. A lot of contracts have an arbitration clause and there’s been a lot of bad press in the media, but they are valuable. You have a pandemic, you can’t go to court for three years, but you had an arbitration clause. You got your matter decided in a year, year and a half. And it costs half as much money. And finally going to trial. If you’ve got to go to trial, then you should be preparing for, and as I’ve said, a hundred times, you should be preparing for your trial thinking about damages, whether you are the one who who’s alleged to have caused them or not. That’s what you’re there for. So put a lot of your focus on, you know, whether someone was damaged and then you know who will probably be more successful.” – Dan Watkins, Founding Partner
The Watkins Firm has more than 40 years of proven legal skill, trials and dispute resolution success. Ask about our track record in cases like yours and our focus on resolving the matter efficiently while accomplishing your goals and objectives. If you are searching for the fastest way to resolve a breach of contract we invite you to review our podcast Episode 5 – Breach of Contract as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.