Dispute Resolution

Practice Areas

A Team You Can Trust!

Favour & Wilhelmsen, PLLC has been an integral part of the Prescott area legal community for over 45 years. You can expect exceptional legal representation from the initial consultation through the resolution of every matter.

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Resolve Business Disputes Without Losing Focus or Momentum

Disputes happen — even among honest, hardworking business owners. But not every disagreement needs to become a courtroom battle. Whether the issue involves a partner, vendor, or client, there are proven ways to reach resolution that protect your rights, save resources, and keep relationships intact.

At Favour & Wilhelmsen, PLLC, attorney David K. Wilhelmsen helps Prescott and Northern Arizona small business owners navigate conflict strategically. Drawing from more than 40 years of experience, he uses negotiation, mediation, and pre-litigation strategy to resolve disputes efficiently and on your terms.

Law Insight — Business Disputes and Arizona Courts

In Arizona, many civil and commercial cases are referred to mediation or settlement conferences before a trial can proceed. Courts in Yavapai County, for example, often encourage early resolution to reduce costs and court backlog. Businesses that prepare for this process with legal guidance frequently achieve quicker, more favorable outcomes.

Common Small Business Disputes

Mr. Wilhelmsen represents Arizona business owners in disputes such as:
  • Partnership Shareholder Disagreements — Control, compensation, or buyout conflicts.
  • Breach of Contract — Nonpayment, delivery failures, or unfulfilled obligations.
Even simple misunderstandings can spiral without the right approach — proactive dispute resolution can prevent unnecessary legal expenses and reputational harm.

Approaches to Small Business Dispute Resolution

Quiet title actions are appropriate when property ownership or rights are uncertain. Common reasons include:
  • Negotiation — Open communication and clear expectations often resolve conflicts before attorneys or courts become involved.
  • Mediation — A neutral mediator helps both parties reach a voluntary, legally binding agreement. Mediation is private, faster, and less costly than litigation.
  • Pre-Litigation Strategy — When settlement isn’t possible, early legal strategy and documentation strengthen your position in any future case.

Did You Know?

Arizona courts report that over 80% of mediated business disputes reach a successful resolution without going to trial. Early intervention with legal guidance often means faster, less costly results.

Preventive Checklist: Stop Disputes Before They Start

  • Keep all contracts in writing — never rely solely on verbal agreements.
  • Review partnership and operating agreements annually.
  • Document all changes to business relationships in writing.
  • Use clear payment and performance terms in every contract.
  • Keep correspondence professional and organized.
  • Seek early legal advice before sending or responding to a demand letter.
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Common Mistakes to Avoid

  • Responding emotionally to a dispute instead of strategically.
  • Failing to document communication or performance issues.
  • Ignoring early signs of nonpayment or breach.
  • Signing settlement agreements without legal review.
  • Letting pride or frustration outweigh business judgment.

The sooner a business seeks guidance, the more options remain on the table.

Common Challenges for Arizona Business Owners

  • Fear that involving an attorney will “escalate” conflict.
  • Letting small disagreements linger until they become unmanageable.
  • Incomplete or outdated contracts.
  • Miscommunication with partners, clients, or employees.
  • Underestimating the cost of unresolved disputes.

Myth-Busting: Dispute Resolution Misconceptions

“Mediation is a sign of weakness.”

It’s a smart business decision — not a surrender.

“Hiring an attorney means we’re going to court.”

Many of Mr. Wilhelmsen’s cases resolve long before a judge gets involved.

“If I’m right, I’ll automatically win.”

Outcomes depend on contracts, documentation, and negotiation — not just fairness.

“Disputes always destroy business relationships.”

With the right process, many partnerships emerge stronger and clearer.

“Mediation takes too long.”

Most cases settle within one or two sessions — often in less than a week.

How David K. Wilhelmsen Can Help

With over four decades of Arizona small business civil litigation experience, David K. Wilhelmsen provides hands-on representation for clients facing business disputes.

Early Case Evaluation

Clarifies your options and the fastest path to resolution.

Negotiation Support

Uses experience to reach fair outcomes without damaging relationships.

Mediation Representation

Protects your interests while pursuing common ground.

Settlement Structuring

Drafts durable, enforceable agreements that prevent future conflict.

Litigation Readiness

If needed, prepares your case thoroughly for court proceedings.

FAQ: Small Business Dispute Resolution in Arizona

Mediation is non-binding and collaborative; arbitration results in a final, binding decision.

Typically three to six months if uncontested, though complex or disputed cases may take longer.

Often yes — especially if the issue involves boundaries, easements, or encroachments. A survey provides critical evidence.

Sometimes. If the other party’s claim was frivolous or in bad faith, the court may award costs or fees under A.R.S. § 12-1103.

Yes, once the court issues a final judgment, the order can be recorded with the county to correct title and public record inconsistencies.

Advanced Certification

David K. Wilhelmsen received his certification as a Real Estate Law Specialist from the Arizona Board of Legal Specialization of the Arizona State Bar in 1991 for demonstrating advanced knowledge, skill and understanding in the practice of real estate law.

Experience

We have over 45 years of practice experience in most areas of Real Estate, Estate Planning and Probate, and Small Business law.

Local Practice

Established in 1947, David K. Wilhelmsen joined the firm in 1981 and has practiced continuously since then in the Prescott and surrounding communities.

High Martindale-Hubbell Rating

We hold AV Preeminent® rating by Martindale-Hubbell, which is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.

Responsible Solutions

We provide trusted and straight forward legal solutions to most matters you may encounter.

Benefits

Why Choose Us?

Employing Favour & Wilhelmsen, PLLC will ensure that your rights are protected, your obligations are clearly understood, and your interests are strategically represented. Whether navigating a complex transaction, resolving a dispute, or mitigating legal risk, we provide the knowledge and advocacy needed to avoid costly mistakes and strive to achieve favorable outcomes.

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Resolve Your Business Dispute with Confidence

A disagreement doesn’t have to derail your company. With over 40 years of experience in Arizona business law, David K. Wilhelmsen helps small business owners resolve disputes efficiently and protect their hard-earned success. Contact Favour & Wilhelmsen, PLLC in Prescott today to discuss your best path forward.

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