It is an unfortunate fact of business that sometimes legal disputes betweenowners or customers/client’s cannot be rectified without going through the litigationprocess. Some of these legal disputes include but are not limited to:contract disputes (breach of contract), partnership dissolution disputes, lease disputes, state agency violations, government violations, employmentcontract disputes,productissues and investmentissues. In fact, many of these issuescan cost a company or an individualperson thousands of dollars in losses unless they are litigated.Before litigating it is always important to try to settle the dispute so that the parties can avoid costly legal fees and if there is not a strong contract to back-up the issue or complaint, the cost of litigation can be far more than possible damages. If you are in adispute over the loss of income or revenue or if you are being sued or have received aviolation notice, contactthe assistance of an experienced business litigation attorney to protect your business or your interests and your legal rights.
What is a Business Tort?
Atort or a cause of action is a wrong that is committed against another party, in this case it can be abusiness or a person. The wrong is considered a “civil” issue but it is not a “civil-rights” issue. Atort or a cause of action isnot subject to criminal prosecution. However, in some cases, if fraud has occurred, it can rise to the level of a crime (usuallyonlyif astate or federalagency is the complaining party). Torts and causes of action canencompass a variety of issues including unjust enrichment, fraud in the inducement, fiduciary negligence, defamation, tortious interference with a contract, negligence and malpractice, just to name a few. While every case is different, a qualifiedbusiness litigation lawyerwill be able to successfully spot issues and guide you through the litigation process toensure thatyou and your rights are protected to the fullest extent of the law.
Arbitration and Mediation
Most business wrongsare settled out of court through a process called arbitration or mediation. Arbitration is aprocess that can prove far more cost effective thana full trial, but arbitration is not cheap as there are several fees involved, above legal fees, including the fees of the arbitrator or arbitration panel which can run into the thousands. If arbitration is selected by the parties or required byyour contract, it will allow both sides of the dispute to litigate their case in front of an arbitrator, who is basically a private judge,and present their case.An arbitration decision is binding, which means there is no easyappeal. In some cases arbitration can save thousands of dollars in legal fees if severalmonths, oryears, are tobe involved in litigation process. However, in most casesthe litigation process is less expensive. In both litigation and arbitration theattorneys willfilemotions and responses. If your dispute requires arbitration, because the process is so complex,it is essential to haveahighly qualified business litigation attorney to represent you.
Mediation is a process that allows the parties to meet with a neutral third party to try to resolve their dispute without having to go to trial.The parties can either be ordered by the court into mediation or they can agree among themselves to participate in mediation. A mediator will be chosen and the facts of the case will be presented. If a resolution is met, a mediated settlement agreement is entered into and signed by all parties. A qualifiedbusiness litigation attorney will then know what to do to protect that agreement to ensure that an order will be entered into and so that the litigation process will end.
Litigation
When a case cannot be resolved through mediation, negotiation or arbitration, litigation will be theonly remaining option unless you decide to walk away. Be forewarned, litigation can be a lengthy and expensive process as can arbitration. Therefore, unless you have a high dollarissue or the parties cannot settle, it is best to notlitigate. Litigationis not a processto be taken lightly. If you have tolitigate you will need to be willing to stickwith the ligation process to the end, keep your attorney who knows your case and how to litigate,and you will need to remove yourself from the case emotionally and allow the attorney to dohis/her job.From the date of filing until a final judgment, the litigation process can last for months if not years. It must be thought of as an investment in your future rather than a random action. Choosing and staying with the right business litigation attorneyorlitigation lawyercan make or break your case. This is why it is essentialto work with an experienced business litigation attorney when litigation of any kind is required to right a wrong.
The business litigation attorneys and litigation lawyers at Goldstein & Scopellite, PC are qualified and they know the law.
Goldstein & Scopellite, PCwas established in 2002 and has officesin Dallas, Texas and Tucson, Arizona. For more information, see theirlocal listing in D Magazine.
Image via Shutterstock.com
