Business - Small Claims Mediation & Lawsuit

man ripping up a business contract

Our  Fees

Mediation Cost

  • 30 minutes Free Consultation.               (Both parties must attend)
  • Mediation Fees:  $200 per hour.            (Minimum 2 hours per session
    Note: At the time of scheduling you pay for the first hour of mediation as a non-refundable deposit that is applied to your total mediation fee.

Litigation Cost

  • 30 minutes Free Consultation.  
  • Court Forms:   $100 per hour.                                (Minimum 2 hours per session)                  Note: At the time of scheduling you pay for the first hour of form (s) completion as a non-refundable deposit that is applied to your total service fee.  

What Constitutes a Breach of Contract?

A contract case usually comes before a judge because one or both parties claim that the contract was breached. A breach of contract can occur when a party fails to perform on time, does not perform in accordance with the terms of the agreement, or does not perform at all. This includes failure to perform in a manner that meets the standards of the industry or the requirements of any express warranty or implied warranty, including the implied warranty of merchantability.

When a party files a suit claiming a breach of contract, the first question the judge must answer is whether a contract existed between the parties. It is important that you answer these questions before investing and considering filing a claim or mediating:

  1. Did a contract exist?
  2. If so, what did the contract require of each of the parties?
  3. Was the contract modified at any point?
  4. Did the claimed breach of contract occur?
  5. If so, was the breach material to the contract?
  6. Does the breaching party have a legal defense to enforcement of the contract?
  7. What damages were caused by the breach?

What are the Remedies to a Breach of Contract?
A contract is an agreement between two or more parties which creates certain legal obligations. If one or more parties to a contract do not perform according to the terms of the agreement, then there is a breach of a contract. The five types of remedies for breach of contract are:

  • Money damages
  • Restitution;
  • Rescission;
  • Reformation; and
  • Specific Performance.

SOS Paralegal \'s mediators can help to review available options, and establish realistic goals and objectives for moving forward. The negotiation tactic should be based on an informed estimate of the \"damages\" associated with the breach, and the actual costs that are necessary for you to receive the \"benefit of the bargain\" you originally contracted.

What If We Can\'t Come to a Final Agreement Through Mediation?

You Need to File a Claim.

Tired of trying to resolve a money/property or other issue directly with the respondent but haven't reached an agreement yet?  We tried mediation after but it fails to provide  a mutually agreeable settlement.  Both parties can still go to court to be reviewed and decided by a judge.  Again, even if the case needs to be submitted to a court after mediation, this does not mean that the mediation was not successful; many smaller issues may have been discussed and resolved in mediation, despite the parties\' failure to reach a settlement.

Small claims court allows people to bring relatively minor claims before a judge without incurring considerable expense. Attorneys are not allowed to practice in Small Claims Court. This means that you need to effectively represent yourself. By its very nature, small claims court is a simple, inexpensive and reasonably fast alternative.

The maximum amount an individual can sue for in Small Claims Court in California is $10,000. For businesses, the limit is $5,000. If you file multiple cases in a calendar year, only two of them can be for more than $2,500.

If you would like to know more about  the Small Claim's Process in California, please  CLICK HERE

SOS Paralegal \'s certified and bonded  legal documents assistants and mediators will assist you with either, mediating your case for a out-of-court's settlement, or help you to complete, file and serve the appropriate court's for the litigation process Contact Us to schedule a 30 minutes consultation.

Contact Us

(949) 326- 6612

Hablamos Español

901 W. Civic Center Drive                        Suite  200                            Santa Ana, CA 92703

Monday - Friday: 9 am - 5 pm
Saturday and Sunday: Closed

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