Tag Archives: commercial contract disputes in San Bernardino California

Five Steps to Resolving Commercial Contract Disputes in San Bernardino CA

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.

Mediator Communications

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.

Mediation Session

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.

Agreement

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.

Influences on Parties Involved in Commercial Contract Disputes in San Bernardino CA

When clients become involved in commercial contract disputes in San Bernardino California, there are usually two major issues to parse out.  The first is the real reason why the dispute is occurring.  The second issue is to determine the underlying influences that have affected the clients involved in commercial contract disputes in San Bernardino California.  Once the mediator identifies these issues, he or she can address them so that the parties can focus on the main issues.  Some underlying influences may include:

Personalities

The personalities of the litigants and the attorneys can have a significant impact on the parties involved in the dispute.  One party’s aggressive nature may cause the other party to respond defensively. The mediator can help adjust for this dynamic by funneling communications between the parties so their time together is limited.

Emotions

When people’s livelihoods and reputations are on the line, things can become heated.  There may be strong feelings on both sides.  The mediator can identify feelings of betrayal, disrespect and disappointment by empathizing with the party sharing this information and then can guide the parties back to the main reasons why they are at mediation.

Risk Tolerance 

A significant influence on the parties can be risk tolerance. If a party is financially stable and wants to assert its rights at trial, this party may be more likely to pursue litigation than accept mediation terms that it is not satisfied with.  In contrast, a small business that was not anticipating a legal fight may be more willing to use mediation to help resolve the dispute because it is a less risky prospect than having a decision made against it at trial.

Financial Needs and Limitations 

Similarly, the financial needs and limitations of the parties can affect them.  If the plaintiff needs funds more quickly than litigation would allow, mediation may be preferable.