It is an unfortunate fact of business that sometimes legal disputes between owners or customers/client’s cannot be rectified without going through the litigation process. 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, employment contract disputes, product issues and investment issues. In fact, many of these issues can cost a company or an individual person 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 a dispute over the loss of income or revenue or if you are being sued or have received a violation notice, contact the assistance of an experienced business litigation attorney to protect your business or your interests and your legal rights.
What is a Business Tort?
A tort or a cause of action is a wrong that is committed against another party, in this case it can be a business or a person. The wrong is considered a “civil” issue but it is not a “civil-rights” issue. A tort or a cause of action is not subject to criminal prosecution. However, in some cases, if fraud has occurred, it can rise to the level of a crime (usually only if a state or federal agency is the complaining party). Torts and causes of action can encompass 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 qualified business litigation lawyer will be able to successfully spot issues and guide you through the litigation process to ensure that you and your rights are protected to the fullest extent of the law.
Arbitration and Mediation
Most business wrongs are settled out of court through a process called arbitration or mediation. Arbitration is a process that can prove far more cost effective than a 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 by your 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 easy appeal. In some cases arbitration can save thousands of dollars in legal fees if several months, or years, are to be involved in litigation process. However, in most cases the litigation process is less expensive. In both litigation and arbitration the attorneys will file motions and responses. If your dispute requires arbitration, because the process is so complex, it is essential to have a highly 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 qualified business 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.
When a case cannot be resolved through mediation, negotiation or arbitration, litigation will be the only 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 dollar issue or the parties cannot settle, it is best to not litigate. Litigation is not a process to be taken lightly. If you have to litigate you will need to be willing to stick with 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 do his/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 attorney or litigation lawyer can make or break your case. This is why it is essential to 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.
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