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DISPUTE RESOLUTION2020-12-06T03:26:11+00:00

DISPUTE RESOLUTION

At Shah Grossi Law & Counsel, we understand things don’t always go as planned. Disputes can arise, and they require prompt resolution. Oftentimes, there will be contract language setting forth the dispute resolution procedures and forum(s). Binding arbitration is a common contract provision, with non-binding mediation sometimes required first. In the absence of applicable contract language, parties can be tempted to immediately file a lawsuit in court when they believe they have been aggrieved. While this may be a good option, especially where time is of the essence and an immediate injunction or other quick remedy is needed, most of the time litigation is drawn out over years, costs more than anticipated, and can yield unwanted results.

Our goal is to help our clients resolve their disputes quickly, effectively, and to their benefit. If that means litigation, we aggressively represent our clients’ interests. But more often than not, litigation can and should be avoided. We have resolved several disputes through a well-crafted letter and/or a phone call, saving our clients valuable time, money, and heartache. There are times where a seemingly insurmountable dispute is merely a miscommunication or misunderstanding. Of course, other times a party has clearly breached its obligations in a material way, causing significant damages to the other side. We evaluate each case on its merits and present our clients with pragmatic and sound legal advice, including an analysis of the strengths and weaknesses of their position (as well as the position of the opposing party).

For disputes that cannot be quickly resolved, engaging in mediation should be highly considered even if the operative contract does not call for it. The mediation process forces each side to distill its claims and gather evidence, and the mediator (usually a former judge) will inject a high dose of reality into the dispute. A settlement agreement is often reached shortly thereafter, which we can help negotiate and draft. Engaging in the mediation process can help parties “get to yes” and avoid costly litigation. We have the legal expertise and experience to guide you through the process and help you present a strong and compelling case.

Arbitration proceedings are more complex and, depending on the forum (such as the American Arbitration Association), require compliance with certain procedures and evidentiary rules. There is no substitute for hiring experienced legal counsel to advocate your position and put your best case forward. Our team has experience in the arbitration forum, and we can help you navigate the process and strongly advocate on your behalf.

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