You may be disappointed to find yourself involved in one or more business lawsuits today. From coming up with the necessary capital and a viable plan, products and services that entice customers, hiring a trustworthy team, and more, there is a considerable amount of challenge in creating a successful company. And although the rewards can be great, daily operations of running a business can be extremely stressful. Enter a legal dispute into the equation, and you may feel understandably overwhelmed.
Whether you initiated the legal proceedings or not, most likely you have an idea of how you would like the case to be resolved, a figure in terms of any monetary settlement to be reached, and you would probably like it all to be over as soon as possible so you can resume your normal life. Not only is it to your benefit to speak with a skilled business attorney, but also one who is highly experienced in alternative dispute resolution like Shane Coons.
If possible, explore all forms of resolution, to include mediation and judicial reference. Arbitration can be a very effective way of solving business disputes, and especially if both parties are on more equal footing in terms of size, resources, and location. If you are an individual duking it out with a large corporation, arbitration can be much more challenging for numerous reasons, beginning with finances and arbitrators who may not be unbiased at all.
In many cases though, arbitration is a better option than taking the litigation route. You may also not have an option if your business contract included a dispute resolution clause. These are very common, and outline exactly what the parties have agreed to in the case of a dispute. Arbitration is often designated as the process for resolution, also outlining exactly what locale or county it would take place in.
Not only could arbitration make your case easier to settle, but also much more quickly and affordably. Many parties feel more comfortable with arbitration over litigation, with the hope that a more casual (and affordable) setting will lead to a faster resolution or settlement. The parties involved may choose the arbitrator themselves, and if they are unhappy with the other side’s choice, they may object. In the end, they may even end up selecting an entire panel of arbitrators, with a majority vote deciding the case.
The arbitration process is private, which is almost always a benefit; however, some of the features that make arbitration more simple and attractive to so many parties may not work in other cases. There is no discovery process, no calling for witnesses, and no jury. There may also be little chance for appeal as the arbitration process is almost always considered final. And although many parts of the process that cause litigation to be so time-consuming are removed, arbitration can also become just as arduous when there are numerous parties and arbitrators involved, usually in a more complex case.
Do you have questions about a current business dispute and how to resolve it? If so, please contact Attorney Shane Coons, highly skilled in all methods of ADR, to include mediation, arbitration, and California’s judicial reference system. Our law office represents clients involved in a wide range of businesses and legal issues, and we would be glad to review your case and help you explore your options. Call now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com.