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Writer's pictureKristina Gaulf

4 WAYS TO ADDRESS A BUSINESS DISPUTE IN OKLAHOMA


A business dispute occurs when two businesses have entered into a contract and then disagree about either:

  1. The interpretation of a particular part of a contract

  2. Whether the performance/standards of one side or the other are meeting the wording of the contract.


WHY A BUSINESS LAWYER IS HELPFUL DURING A BUSINESS DISPUTE


When there is a business dispute, a business attorney can help you by:


· Sorting out the legal terms of the case and clarifying any misconception that you have

· Point out or verify misconceptions that the other side might have

· Help you understand your legal rights under Oklahoma law

· Help to smooth the disagreement or help you protect your rights


If your business is the target of a business dispute there are four potential ways in which to approach it.


THE FOUR WAYS TO ADDRESS YOUR BUSINESS DISPUTE IN OKLAHOMA


1. Hire a business attorney with the experience to understand contracts and business relationships. An attorney with a business background will help you understand the dispute from a neutral position so that you can determine if the claims are valid. Often, there is a misconception about the expectations or roles and responsibilities of the contract. Those can be settled on occasion between two lawyers representing each business. When that fails, there are other options.


2. Arbitration is a binding legal hearing of a dispute that occurs outside of court and with an arbiter. An arbiter is a non-biased third party in your dispute. They listen to both involved parties. They compare the contract to actions, and they help you and the other side communicate effectively. If there is validity to the dispute the arbiter will point it out and may rule on the method of repair, void the contract, award restitution, or any option in between these outcomes. Generally, the ruling of an arbiter is binding.


3. Court – when both sides cannot agree or when arbitration fails, then the next option is to go to court. A judge will hear the case if there is merit, and decide based on the language of the contract and the proof submitted to substantiate the claims.


4. Mediation – this option differs from arbitration because the mediator does not decide for the parties. Instead, they work with both sides to help both parties communicate and understand the points of view or needs. Both sides are encouraged to participate in the process and to speak their concerns. Many business disputes occur due to misconceptions. Mediation helps to bring those misconceptions to light and then gives both parties an option to clarify, understand, and resolve the dispute. The resolution with mediation is that both sides come to a compromise each can live with- it may be to continue, modify, or dissolve the contract.


CONTACT GOULD & ASSOCIATES PC WITH QUESTIONS REGARDING A BUSINESS DISPUTE


Gould & Associates provides business legal services throughout the Oklahoma community. When you need help handling a business dispute, their professional background and experience are an asset. Call today AT 405.768.1220 to discover your options and rights under Oklahoma law.

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