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Litigation isn't always the right answer in business disputes

You may be the consummate professional when it comes to your business dealings. You treat others you engage in business with in the same manner in which you wish them to treat you. You follow through with your contractual obligations and expect the same from others.

When a dispute arose between you and another party, you probably attempted to resolve it amicably, but found that just wasn't possible for whatever reason. Informal discussions broke down, emotions ran high and both sides made threats of litigation. However, litigation may not be the right answer in your situation. It may be worth your while to find an alternative method for resolving the dispute that doesn't drain your financial resources, take up a great deal of time and irrevocably destroy the business relationship.

Have you considered mediation?

After taking some time to calm down, you and the other party may decide that you simply need some help keeping your negotiations on track. Neither of you want to spend thousands of dollars and hours in court. Moreover, the prospect of leaving your fate in the hands of a judge may not be enticing.

Mediation allows each of you to voice your concerns and opinions while the mediator keeps your discussions moving forward. Litigation tends to foster a "winner take all" atmosphere, unlike mediation, which fosters compromise and communication in order to reach a resolution with which both parties can live. In addition, each of you may be more willing to follow through with an agreement of your own making, instead of one thrust upon you by a California court.

The possibility of preserving the business relationship also tends to increase through mediation since the parties gain the tools to resolve any potential future disagreements. Contracts and other formal dealings are important to every business, but the relationships you build heavily contribute to your company's success. Repairing these ties is often a byproduct, if not a primary goal, of mediation.

You may still want legal support

Even if you decide to avoid litigation, it does not mean that legal support becomes unnecessary. You will probably have questions before, during and after the process that need answering. Protecting your rights and obtaining the best resolution possible often still requires the help of an attorney whom you can turn to for clarification, alternatives and legal advice as you mediate your dispute.

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Chodos & Associates
1880 Century Park East
Suite 615
Los Angeles, CA 90067

Toll Free: 866-986-7255
Phone: 310-598-3405
Fax: 310-203-3866
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