Understanding Commercial Litigation & Dispute ResolutionFriday, December 30th, 2022
Understanding Commercial Litigation & Dispute Resolution
Our MLG Business Litigation Group attorneys in Florida and California know when companies are embroiled in a commercial dispute, facing the unknown is typically the most stressful part of the process. If this is new territory for your company, you may have a lot of questions, like what exactly am I being sued for, and do I need to hire a business litigation attorney? Or is this something I can dispute on my own?
As your company’s leader, you already have enough on your plate. And if business law is not part of your expertise, partnering with a skilled commercial litigation attorney can mitigate the time, cost, and hassle of a lawsuit. In fact, with the guidance, experience, and skill of a business litigation group behind you, you may potentially find an alternative dispute resolution before it sees the inside of a courtroom.
Here is what business owners need to know about the commercial litigation process, and how we can help.
What is Commercial Litigation?
Commercial litigation occurs when two or more companies are involved in a business-related dispute.
Depending on the industry, these disputes can vary, but may include:
- Breach of Contracts
- Business Torts
- Construction Litigation
- Disputes Over Intellectual Property or the Misuse of Patents, Trademarks, and Copyright
- LLC Membership Disputes
- Partnership Disputes
- Shareholder Disputes
Our California and Florida business litigation attorneys provide skilled legal representation in all commercial matters, including dispute resolutions through negotiation and trial. We also help our clients create strategies to leverage their profitability and financial security by purchasing another company’s assets or stock to minimize risks and/or disputes before they can arise.
What is the Best Way to Solve a Commercial Dispute?
Successful businesses will encounter disputes from time to time, but not all of them must make their way inside a courtroom.
At the MLG Business Litigation Group, our attorneys focus on developing effective legal strategies that allow our clients to prevail during Alternative Dispute Resolutions (ADR) to save time, money, and integrity.
The most common types of ADR include negotiations, mediation, and arbitration. Here is how they differ.
During negotiations, both parties agree to cooperate in establishing a resolution. With their lawyers participating in the process, both parties meet to discuss the dispute, outline their expectations, and establish their needs before agreeing.
When negotiations cannot provide a solution, it may be necessary to invite a neutral third party into the conversation during mediation. The mediator will help guide the conversation and offer suggestions to help both sides reach a successful resolution. The mediator, however, cannot offer legal advice to either party, so it is important to have your business litigation attorney present for these sessions.
Further, neither party is forced to agree to a resolution during mediation. If they still cannot reach an agreement, arbitration is typically the next step.
Arbitration usually occurs when both parties enter into a pre-dispute arbitration agreement, typically at the beginning of a business relationship.
Arbitration is a binding, contract-based procedure like a legal proceeding, only it occurs outside of the courtroom. The agreement waives their right to a jury trial and their ability to appeal the outcome in court in the future.
If none of the three alternative dispute resolution options produce results, our skilled business litigation attorneys in California and Florida will take your case to trial, so you can pursue the best outcome for your company’s unique legal needs.
Call MLG Business Litigation Attorneys in Florida & California Today
If any of these scenarios has led to an interruption in your business, our experienced business dispute attorneys can review your agreement and determine if a lawsuit — or another resolution — is possible in your situation.
Contact our MLG Business Litigation Group in Florida and California today at (786) 706-9228 to schedule a free initial consultation to learn more about our law firm while we learn more about your unique dispute, so we can create the best legal solution for your circumstances.