Avoiding Court – Why Businesses Should Hire A Business Litigation Attorney
Businesses of all sizes run the risk of encountering lawsuits that can pose potential financial and public relations-related issues. Because lawsuits are public record, they can easily gain the attention of the media. Being the subject of a public controversy can damage a company’s reputation, which may in turn affect profits. Additionally, lawsuits are expensive, which poses a significant financial burden that may force companies to redirect funds from their operations. One effective way businesses can protect themselves from harmful and costly legal disputes is by hiring a business litigation attorney.
Business Litigation and The Purpose of A Business Litigation Attorney
Business litigation involves disputes arising from commercial and business relationships. Examples of business disputes include breach of contract, product liability, intellectual property disputes, partnership disputes and many others. Business litigation can span across all industries and involve a myriad of different types of legal issues. The issues are usually complex and drawn out. Therefore, it is in the best interest of businesses to consult a business litigation attorney in the event of a lawsuit being brought or threatened.
The primary purpose of entrusting a business litigation attorney to handle business disputes is to avoid going to court. Court is costly and often leads to a variety of major expenses that may be impossible for a business to bounce back from. In addition, handling disputes in court is time consuming. The long court process drains businesses of resources, energy and the ability to focus full attention on daily operations. A business litigation attorney will help clients avoid such losses by efficiently resolving business disputes without court involvement.
Types of Dispute Resolution
Dispute resolution refers to a number of processes that can be used to resolve a conflict. When a business hires a business litigation attorney, the attorney will work to develop a quick and mutual agreement with the other parties, thereby saving their client significant time and money. There are a variety of dispute resolution tactics, but the most common types in business disputes are negotiation, mediation, arbitration and court litigation.
Negotiation is an inexpensive, voluntary form of dispute resolution that often occurs early in the disagreement process. During negotiation, the involved parties meet confidentially to raise issues of concern, explore solutions for the raised issues and search for a mutually acceptable settlement to solve the conflict.
Mediation is slightly costlier than negotiation and involves a third-party mediator to help the feuding parties come to an agreement. The mediator does not have the power to make the decision for the parties but can help the parties find a resolution that is mutually acceptable. Mediation is non-binding, which means the parties are not legally obligated to carry out its terms.
The primary purpose of entrusting a business litigation attorney to handle business disputes is to avoid going to court. Court is costly and often leads to a variety of major expenses that may be impossible for a business to bounce back from.
In Arbitration, a neutral arbitrator has the authority to make a decision about the dispute. Arbitration is costlier than negotiation and mediation. It is also binding with no chance of appeal. The arbitration process is similar to a trial in that the disputing parties make opening statements and present evidence to the arbitrator. Compared to traditional trials, arbitration is often completed more quickly and is less formal.
Court Litigation is the costliest form of dispute resolution and the type businesses most want to avoid. Litigation is a contested action, which means someone else, such as a judge, may make the final decision for the parties unless the parties settle before trial. There may be a series of hearings and temporary orders culminating in the final orders. Court litigation is often a slow process that can take years to resolve. The decision can continually be appealed to higher courts, further dragging out the legal process and compounding expenses. The use of a business litigation attorney can help ensure a resolution and avoid escalating the disagreement to court litigation.
Call South Florida Law
Are you a business looking for protection from costly legal disputes? Avoid the risk of drawn-out court litigation that can drain a business of time and money. Take proactive measures and consult an experienced business litigation attorney today at South Florida Law. Reach out to South Florida Law at (945) 900-8885 or via our contact form.