SBEMP shares their tips for Palm Springs businesses to use arbitration and alternative dispute resolution before proceeding with litigation. Here’s how.
Palm Springs, CA -- (ReleaseWire) -- 09/28/2017 -- Most problems ending in arbitration or in a court case are the result of someone getting hurt by food poisoning, personal injuries, unrepaired damage to property, workers not following safety guidelines, or dangerous driving of an employer-owned vehicle. Businesses also experience disputes with shareholders, false claims, and many more issues in dispute with vendors or in-company relations. Company owners and top managers must take it upon themselves to know the law and supervise employees adequately.
Why Do Businesses Need a Palm Springs Litigation Law Firm?
Owners must keep a keep a competent Palm Springs litigation attorney on staff who may recommend that employees sign a waiver in case they get hurt on the job. The lawyer is likely to also recommend that the business is structured to protect the owner's personal property. Even with all these safeguards in place, owners may find that they are taken to court or agree to arbitration if an employee becomes injured on the job or if a consumer sues a business because of an employee's actions.
What Is Arbitration?
When two parties in a lawsuit agree to have an arbitrator decide their case, they are agreeing to abide by the decision that the unbiased third party hands down. Before making a decision, the arbitrator will look at the evidence presented by both sides. The decision is legally binding, and it will be enforced by the court of law if either party does not live up to his end of the agreement.
What are the Advantages of Using Arbitration?
While the exact cost of arbitration varies greatly, in Palm Springs it is generally much cheaper than going to court. The arbitrator normally only looks at written documents in claims under $25,000, so there are not days spent tied up attending court hearings. California even has some very specific rules about when arbitration can be used, so it is essential to consult with your litigation attorney before agreeing to this procedure. Arbitrators have a lot of flexibility on how informal they want the proceedings to be, and a good litigation lawyer knows the best techniques to use in each circumstance.
What are the Overlying Goals of Arbitration?
There are four main goals that arbitrators will keep in mind throughout the proceedings. They want the process to be fair to both sides with neither party having an advantage over the other when it comes to presenting evidence. Furthermore, they want both sides to be happy with the agreement that is reached. While it is not always possible, the arbitrator would like to see both sides leave as friends instead of enemies. Even when that is not the case, they want each person to feel like their dignity was protected.
What are Palm Springs Alternative Dispute Resolution Services?
Alternative dispute resolution services in Palm Springs can be used to find facts in a case, mediate between two parties, hold a short trial, bring two parties to a shared agreement or reconciliation or determine the outcome of an arbitration. In most cases, it can be thought of as two sides of a coin with litigation on one side and unassisted negotiations on the other. With arbitration, an uninterested third party becomes informed of the facts of the case and makes the final decision while in alternative dispute resolution the final decision is left to the mutual agreement of all parties involved in the case including the at-large community.
What are the Advantages of Alternative Dispute Resolution?
Disputes between employees, contractors and subcontractors, partners and shareholders can often be handled with alternative dispute resolution because each side is given a chance to state what is on their minds. Strong emotions are handled effectively because open communication is promoted. A person skilled in alternative dispute resolution can often bring parties together when they seem to be miles apart.
Arbitration and alternative dispute resolution are often the best way to handle difficult situations in business, but only a skilled Palm Springs attorney can determine if they are right for your company. Contact our Palm Springs business litigation law firm today to speak about the specifics of your case.
SBEMP LLP was founded in 1994. The founding members were partners in the largest law firm in the Inland Empire, each with over fifteen years of experience and a proven track record of substantial success. They formed their own firm to concentrate exclusively on providing clients with superior legal representation and first-class service at competitive pricing. The firm has continued that success and built a strong reputation in both complex litigation and transactional matters.
Visit us on the web at http://www.SBEMP.com.
Slovak Baron Empey Murphy & Pinkney LLP
1800 E. Tahquitz Canyon Way Palm Springs, California 92262
Office - 760-322-2275
Fax - 760-322-2107
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