Commercial contract disputes in Beverly Hills California are almost inevitable. Between the many contracts that a business enters into every year with other businesses, customers and vendors, it is likely that a problem will arise at some point. These commercial contract disputes in Beverly Hills California can often mean lost productivity, lost profits and a diminished reputation in the business. If the case goes to court, much speculation will follow. Fortunately, mediation provides an effective solution to work out problems that arise in a commercial contract dispute.
Mediation is a form of alternative dispute resolution that can be initiated at any stage of a case. It can even be commenced before a lawsuit is ever filed, a strategy that helps businesses keep their private doings from reaching the public. Agreeing to mediation before a case is filed prevents businesses from suffering backlash from other companies that may be reluctant to do business with a company that they find to be litigious. Mediation provides an expedited mechanism to resolve legal issues without the public nature of a lawsuit.
A mediator assists the parties in negotiating a settlement on their own terms. Neither party is bound to any term until they both agree on it. A mediator is not a judge as he or she does not have the authority to impose a decision on the parties. The parties to a case can structure their own solutions in a way that they see fit, an option that a traditional court case does not allow.
A distinct benefit of mediation is that it focuses on cooperation between the parties. Commercial contract disputes arise between companies that had already agreed to do business. Sometimes, these disputes involve parties who have done business for years. Mediation allows the parties to meet face to face to work out a solution, often allowing the business relationship to thrive.
By Greg WoodRead More
No one is more intimately familiar with the complexities of patent litigation than a patent attorney in Orange County California. Rather than go through contentious, costly and complex litigation, a patent attorney in Orange County California may recommend that clients and other attorneys turn to alternative dispute resolution for the following reasons:
Alternative dispute resolution allows the parties to work out how their legal issue will be resolved on their own terms. The parties get to choose the party who will help guide the process or decide the case. In arbitration, the parties can also agree on the appropriate law that should be used, which rules of evidence should be followed and what amount of discovery will be permitted. Allowing the parties to exercise discretion over these important issues can help create a streamlined approach to resolving the case.
While the justice system is predicated on the idea that decision makers will be neutral, many practicing attorneys have seen firsthand how juries and judges may naturally side with one party over another. In patent cases, the parties may hail from different states, giving one party a home-court advantage. In mediation or arbitration, a neutral person can be appointed and who will not be influenced by such factors.
If an existing patent is at issue, it can be important for the patent holder to protect information about the patent from being exposed to competitors. For example, the patent holder may not want competitors to discover a weakness in the patent that could allow them to easily get around it. ADR proceedings are usually confidential in nature, sometimes as a mandatory element or sometimes by request. The parties can agree to keep all information discussed confidential as well as to keep the results confidential.
By Greg WoodRead More
Intellectual property attorneys often define “winning” in litigation as obtaining the best possible outcome for the client while minimizing the amount of harm to the client, given the particular circumstances involved in the case. Sometimes this objective can be accomplished by using intellectual property mediation in Los Angeles. While litigation has its place, not every dispute is best handled in that forum. Intellectual property mediation in Los Angeles can result in a positive outcome for your client.
Although mediation can be used at any point in the process, it is particularly helpful to use early in the process because it helps to resolve an issue before the parties are entrenched in their respective positions. It also helps to minimize legal expenses when employed early on. For public companies, a key consideration at all times is to consider how a particular action may impact the marketplace.
While mediation is a process that is designed to help bring about a settlement of a case, there are certain strategies that you can use to increase the probability of obtaining a successful outcome for your client.
One principle strategy to utilize is that of preparation. Even though mediation is a guided negotiation, strong preparation can help highlight the strengths of your case and mitigate its weaknesses. If the other party supports a contradictory position, knowing the case and the law that is on your side can be paramount during mediation. At the same time, you should be prepared to address any potential weaknesses in your case and be able to point to the cases or evidence that is on your side. Likewise, making sure that your client presents well can ensure that the other side knows that you are willing and able to proceed with the case if necessary. These steps can help ensure that the other side carefully considers the potential ramifications of litigation and weighs the alternative of settling the case in your client’s favor.
By Greg WoodRead More
A licensing deal allows parties to mutually benefit from the sharing of information, products or services. However, it is not uncommon for technology licensing disputes in Beverly Hills California to arise when the parties interpret their language in different ways or an unanticipated change comes up. Such technology licensing disputes in Beverly Hills California can be resolved, often much more effectively, through mediation.
Mediation is a widely sought after alternative to litigation. Because the mediation session can be scheduled at any time that accommodates the parties’ schedules and that of the professional mediator, conflicts can be resolved much more quickly since there is no need to wait on a crowded docket and the outcome of other cases. This saves considerable time, which can be particularly important when determining fees and royalties to pay based on the licensing agreement. It can also save substantial sums on legal expenses since attorney hours are likely to be drastically reduced if the case can be settled through mediation.
Additionally, mediation is often much better at coming up with a solution that will work for both of the parties over a generic order made by the court. The parties play a pivotal role in developing an agreement that is mutually satisfactory. Mediation focuses on cooperation so future problems can also sometimes be avoided and the parties learn that this method of resolving a problem is available.
By Greg WoodRead More
Commercial contract disputes in San Bernardino California can arise in any industry and involve a variety of parties, including contractors, vendors, competitors, customers and business partners. While these disputes have the potential to cause significant disruption in your business, mediation is a process that can often help resolve commercial contract disputes in San Bernardino California. The process of mediation is discussed below.
Request for Mediation
Mediation is a voluntary process. As such, the process commences when one of the parties or their respective legal counsel approaches the other about the possibility. While some parties may be hesitant to broach the subject, doing so shows that your client is interested in resolving the claim in a cooperative manner.
Selection of Mediator
After the parties agree to mediation, they get to select the mediator of their choosing. They may have already used the services of a mediator, or they may decide together on a new mediator based on his or her particular skill set.
The mediator will begin his or her role in the case by communicating with the parties before the actual mediation session. He or she may help the parties agree on a preliminary exchange of documents and request a brief from each party to provide a background on the case. He or she also schedules a date for mediation.
At the actual mediation session, the mediator begins the process by explaining the ground rules and his or her role as a facilitator of communication. During mediation, the mediator will help identify the underlying issues between the parties and figure out ways that the parties can work together to resolve these issues. The parties may brainstorm ideas and evaluate the proposed options to resolve the claim.
In most mediation cases, the parties can usually resolve their legal disputes with one or more mediation sessions. The parties’ sign the agreement that they helped create through the process of mediation.
By Greg WoodRead More
Despite business deals and transactions starting out sunshine and roses, there’s a chance that even the most promising transaction can head south and straight into litigation with contract disputes in Beverly Hills CA.
But what happened? How could seemingly promising relationships get off course and crash in a fiery heap that has both sides lawyering up and ready for battle? According to legal experts, the trouble usually arises in one of three areas.
1. The contract itself
It’s all about expectations. And when one party’s expectations don’t match up with the other party’s, no matter how far down the road into the contract they are, there’s bound to be trouble. Contracts need to cover all possibilities, eventualities and even other players in the process. Roles like developers, designers, contractors, suppliers and subcontractors all enter the transaction and if they’re duties and expectations aren’t specifically spelled out in “scope of work,” trouble could arise.
2. The people
People can make or break a business deal; it’s a fact of life. Often, even the most clearly written expectations and work plans can be derailed by “people” involved in the work and send the deal crashing into the ground. Understanding the people involved in the work you’re undertaking and looking into track record and previous projects will serve you well.
3. The unknown
The world is chaotic and the “unknown” in contract dispute issue encompasses pretty much anything that happens to get to contract off track that isn’t the fault of either part. Crazy weather. Union strikes. Natural disasters. These all have the potential to create issues with even the best constructed contracts and can lead to disputes.
By Greg WoodRead More