What Do They Mean to a Business Owner?
If you have ever been to a courthouse for litigation proceedings, you know how crowded, time-consuming and expensive the process can be. You are not the only one who wants to avoid litigation (arguing your case in front of a judge or a jury and then having them make a decision). Judges and lawyers also want to avoid it. Alternative Dispute Resolution (ADR) is a remedy that can be used in Alameda County to help you resolve your business disputes without litigation. It is a good idea to have an alternative dispute resolution lawyer advise you on how to resolve your business disputes, so you can minimize your time at the courthouses in Alameda, Oakland, Hayward, etc.
Mandatory ADR provisions can be included in any contract or agreement to insure that you do not end up in the time consuming and expensive process of resolving your disputes in our judicial system.
How Does Alternative Dispute Resolution Work?
ADR can be a somewhat formal process of mediation in which the parties meet, jointly and separately, with a mediator, who tries to help them reach a mutually agreeable resolution to their dispute without resorting to litigation. The mediator behaves as a go-between. He or she presents proposed solutions and counter-offers to the parties. None of the mediator’s suggestions are legally binding. The mediator does not make the decisions for the parties.
ADR can also be a binding arbitration process, in which the parties present their case to an arbitrator chosen by the parties and have that arbitrator decide who wins.
ADR has applications in many aspects of law. In family courts, many couples reach divorce settlements through ADR, for example. For business disputes, ADR can help you avoid litigation in many situations. Here are some of the circumstances in which business owners in Tracy and Fremont might find ADR helpful:
- Disputes over copyrights, patents, trademarks, and other intellectual property;
- Dissolution of business partnerships. corporations, LLC’s or other business entities;
- Breach of contract cases;
- Disputes over franchise agreements;
- Disputes over trade secrets and matters of non-disclosure or unfair competition.
Should You Hire a Business Lawyer for ADR?
ADR means resolving your disputes without a judge or a jury, but the cases in which people are able to reach a satisfactory resolution without any professional legal help are the exception, rather than the rule. Usually, each party in any serious dispute has an attorney. The best thing to do is to consult with your lawyer at every stage of the ADR process, and especially before you sign an agreement.
Contact JGPC Law About Alternative Dispute Resolution
Jim Gulseth and the other attorneys at JGPC Business & Corporate Law have an excellent track record of helping businesses resolve their disputes through ADR. Contact JGPC Business & Corporate Law at (925)463-9600 if you are considering adding ADR clauses in any contract or using ADR in connection with the resolution of any business dispute.