Steven Sayler, Attorney
Regulations in California are the strictest in the nation. Businesspeople face many challenges: multiple-party disputes, construction issues, real estate and ownership disputes, complex insurance problems, and more.
- Buy/Sell Agreements
- Partnership & Shareholder Agreements
- Incorporation of Business
- Independent Contractor
- General Legal & Business Advice
- Contract Disputes
- Employee Issues
- Labor Code Hearings
- Partnership & Shareholder
- Collection Issues
- Business Litigation
- Alternative Dispute Resolutions
- Residential, Commercial, Construction
- Disputes between Buyer & Seller
- Construction Defects
- Disputes between Owners & Contractors
- Disputes between Contractor & Subcontractors or Materialmen
- Mold Litigation
- Disputes Between Co-Owners
- Easements, Boundary, Trespass, View Issues & Tree Disputes
- Real Estate Purchase Agreements - Failure to Disclose
- Landlord Tenant Disputes/Unlawful Detainer
- Personal Injury
- Alternative Dispute Resolution
- Negotiation & Mediation
San Diego Alternative Dispute Resolution (ADR) AttorneyAlternative Dispute Resolution refers to any method of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. Why is ADR used so frequently? Courts are overflowing with cases, litigation is costly to all parties, and time delays are frustrating and counter-productive. For these reasons, more states have begun experimenting with ADR programs. Some of these programs are voluntary; others are mandatory.
While the two most common forms of ADR are arbitration and mediation, negotiation is almost always attempted first to resolve a dispute.
NegotiationNegotiation allows the parties to meet in order to settle a dispute. The main advantage of this form of dispute settlement is that it allows the parties themselves to control the process and the solution, instead of having decisions handed down by the court.
As a proactive tool, there are many business, commercial, and real estate matters where Mr. Sayler’s negotiation skills can be helpful:
- Compensation for employees and consultants
- With Investors
- With Suppliers
- With Landlords and Property Management companies
- Real Estate purchase and sale agreements
- Easements, boundary and title
MediationMediation is another informal alternative to litigation. Mediators are individuals trained in negotiations, who bring opposing parties together in an attempt to work out a settlement or agreement that both parties can agree upon. Mediation is used for a wide range of case-types including those involving business, commercial and real estate matters.
Settlement through mediation is completely voluntary by the participants, which is one of the advantages. Mediation proceedings are not public records.
ArbitrationArbitration is a simplified version of a trial involving limited discovery and simplified rules of evidence. Arbitration is typically binding upon the parties.
Arbitration hearings usually last between a few days to a week. After all evidence has been presented, the arbitrator then deliberates and issues a written decision, or “arbitration award.” Opinions are not public record. However, if the losing party does not comply with the arbitration award, the prevailing party may petition the court to have the arbitration award turned into a judgement (which will become a matter of public record). Arbitration is a useful method for settling business, commercial and real estate disputes.
FREE 30-minute initial consultation.