BUSINESS DISPUTE LAWYER IN SAN JOSE, CA

If I sue, am I guaranteed to get paid?

No. There are situations where you can win a lawsuit, but not get paid. Sometimes the person you are suing has no money, files bankruptcy or evades collection of a judgment.

Sometimes, the owners of a business get into disputes with each other. Some disputes can be caused by differences in business strategy such as what type of business to conduct, marketing goals, or operational issues, such as expenses. I often get contacted because the ownership relationship has broken down between owners. They may have decided they don’t want to do business with each other. Or one other has locked out or shut out another business owner.

That dispute then gets to the point where the question is what to do next. There are often concerns about liability and lost profits or return of monies invested in the business by the departing party. Or, sometimes both parties are still running the business, but they cannot get along and are constantly fighting against each other.

Once a dispute has occurred, there are multiple ways to try to resolve the dispute. The easiest solution, but not always practical, is for the parties to share a complete picture of the businesses financials and to negotiate one person buying out the other person’s interest including any equity and paying back any loans due or other monies owed. If that can’t be worked out, sometimes a voluntary winding down or closing of the business could work by paying all creditors and returning profits to the owners based on their percentage ownership.

If the parties cannot come to a resolution amongst themselves, then sometimes bringing in other parties can move the dispute toward resolution. There are multiple forms of alternative dispute resolution, including mediation, and arbitration. These methods are alternatives to simply going to Court. These other methods often can involve fees for arbitrators, arbitration services or mediators and also attorney’s fees.

When your customer is several months behind payment, aside from sending invoices by mail and email, try to give them a call first. Doing so will allow you to discuss the bill with them and come up with a solution. In most cases, both of you can make a payment arrangement to pay off the balance. If these things don’t work, you may need to look into filing a claim.

Yes, you can have a lawyer present during a mediation. You are not required to have a lawyer, but it is advisable.

Arbitration involves the use of a neutral third party, known as an arbitrator. This person acts as someone who hears both sides and then decides who should prevail (just like a Judge in Court) based on the evidence presented. Arbitration happens in cases where two or more parties cannot agree and need the services of an outside party to adjudicate and decide their dispute for them.

There are two kinds of arbitration: binding and non-binding. Binding arbitration is where an arbitrator’s decision is final. The disputing parties have agreed so and are not going to be able to reject the arbitrator’s decision (called an Arbitration Award). On the other hand, non-binding arbitration allows both parties to ignore the Arbitration Award and go to trial if they disagree with the arbitrator’s decision.

There are pros and cons to arbitration, which can help you decide if it’s right for your case. Several good takeaways include:

• It can be faster and more efficient than Court. While it could take years to secure a court date, arbitration typically takes less time. They can be scheduled a lot quicker when all parties are present.
• Arbitration is flexible and can be scheduled at a time that’s convenient for everyone.
• Arbitration may be cheaper and also less time-consuming than going to court.

An alternative dispute resolution, or ADR, is a way of solving a dispute that does not involve going to trial in Court. They use two main methods: mediation and arbitration.

Mediation in San Jose is something to think about when weighing your options. This is because business disputes in San Jose may require legal mediation services by contract. Further, mediation may be a better and less expensive way to resolve your dispute.

You can consider mediation when both sides can come to a compromise. However, both parties must appoint a neutral third party known as a mediator before mediation can happen. The mediator acts like an umpire to witness both sides involved in the dispute. They can listen and help both parties seek viable solutions.

You can consider mediation when you want a faster, easier approach to settling a dispute. With mediation, you can resolve the conflict outside of court. Some mediations also occur after court actions have been filed.  Having a lawyer at mediation is also advisable as they can help guide the negotiation that happens at mediation and put together a better brief of the key elements of your case.

In cases where there are personal relationships involved, mediation is the better option. With this, both parties with a history of personal relations can keep try to keep everything intact while resolving their issues. Mediation can prove very effective for conflicts between family members, friends, or neighbors. It is also excellent for situations where emotions are intense and can interfere with conflict resolution.

However, mediation is not appropriate for situations where one party holds too much power over the other. It is also unsuitable for cases where one side refuses to compromise. Mediation in San Jose is something to think about when weighing your options in resolving a conflict. In some instances, this may be a better option than going to Court and trial. Also, given that so much happens via Zoom, it is not hard for Nick Heimlich to handle cases for clients throughout the bay area such as in San Francisco County, San Mateo, Alameda, or Contra Costa County.  Mediation can also be used after a court case has been filed and often is used and promoted by the Courts to help resolve disputes.

If the parties are extremely far apart in their positions and show little or no flexibility, then mediation may not work, or may need to take place later. Additionally, if one or both parties do not have the information that they need to resolve the dispute, then mediation may be premature.

Arbitration is a private forum for disputes. It is an alternative to a Court and allows the parties to present their dispute to an Arbitrator. The Arbitrators have a set of rules set by their organization that they belong to and will basically act as Judge and Jury for any case. Arbitration can be flexible in how it is administered. Sometimes, Arbitration can allow for a more economical forum, although that is not guaranteed depending on the parties needs and the dispute. Arbitration also typically involves fees to initiate the arbitration and fees of the Arbitrators at their hourly rates and possibly additional administrative fees or charges. Sometimes, the Arbitration fees are greater than Court fees would be for similar proceedings.