Lawyers on Negotiating Employment & Business Contract Disputes

Lawyers in California having a lot of experience in business and employment matters know that most disputes involving contracts and/or damages to a party are most often settled through negotiation. Negotiation is preferred among parties as litigation in a trial can be costly, stressful, and time-consuming for both parties. The expense of litigation can sometimes outweigh any benefit possibly achieved from it, even if the trial is won.

In some cases disputes must be resolved by an alternate dispute resolution (ADR) method, such as mediation or arbitration, as required by a clause in a signed contract. By its very nature, ADR involves negotiating between the parties until they reach an agreement or it is decided on by a neutral party. It is recommended that a party be represented by a lawyer in either, mediation and arbitration.

In many cases, lawyers representing the parties do not use a neutral third party, and choose rather to negotiate and settle the dispute directly.

Negotiating a resolution is not to be taken lightly; one does not simply show up to mediation and expect a mediator to do all the work and decide your case if you want to achieve the best outcome or win on the best settlement offer. A lawyer must investigate, assess, and persuade the other party, the mediator or arbitrator that the resolution presented is the correct or best choice. A lawyer must also prepare his client and know how to question and handle witnesses.

Investigating and assessing a case in building an upper-hand and best position takes the most time in order for a lawyer to reach a successful resolution as quickly as possible when actual negotiations begin. Having the most information and the ability to strategically share information and withhold damaging information as early as possible often results in better leverage and resolution for the client.

Negotiation involving business and employment matters usually involves bargaining, that is the back and forth and exchange of offers between the parties. Lawyers use different strategies when bargaining, but an experienced lawyer will know which method would gain the most based on the unique circumstances of the case and characteristics of parties involved.

Lawyers use three types of opening offers:

1. Fair offer
2. Moderately unreasonable offer
3. Totally unreasonable offer

When a lawyer makes an opening offer that is absolutely unreasonable it is much more likely to lead straight to litigation.

After the lawyers have reached a settlement or agreed on a resolution to their employment or business dispute, they focus on drawing up the terms of the settlement agreement. This part of negotiation between the lawyers can turn a mediocre result into a very favorable win for the client.

If you have an employment or business contract dispute, speak to a lawyer now and call 855-200-ATTY (855-200-2889). The best civil attorneys in Los Angeles, California know how to maximize your position and get the best outcome.