Disputes are quite common within commercial environments, and they can often arise at times when least expected. From contractual disagreements to matters pertaining to trade secrets, these disputes can arise from any kind of arrangement. Depending on the matter in question, there are several methods through which your business disputes could be resolved, resulting in a just, fair and reasonable conclusion for everyone involved.
This is an out-of-court process used to resolve disputed matters, where an impartial person acts as the judge. Also known as an arbitrator, the third person listens as each party presents their case and the relevant evidence, eventually rendering a decision that’s usually binding (meaning it cannot be appealed). Disputants can negotiate just about any element of the arbitration process, including which standards of evidence will be applicable and whether one can be represented by a business dispute lawyer.
As perhaps the most familiar dispute resolution method, litigation refers to the use of courts to resolve legal matters. In a typical civil litigation process, a plaintiff faces off against a defendant before a judge, or a judge and jury. Depending on the setting, specific rules of discovery, procedure and presentation of evidence have to be followed, and all the information conveyed throughout the process will usually get into the public record. If both parties cannot agree on a settlement, the judge or jury will usually weigh the evidence before making a ruling. Litigation is sometimes used to compel parties to take part in the solution, but it often turns out to be a time-consuming and expensive way to settle disputes.
Here, an impartial party will usually help disputants to come to a resolution on their own. A professional mediator will usually oversee the process, helping both parties explore their interests. Mediation allows the disagreeing parties to explore their grievances fully, eventually hammering out a resolution that’s non-binding and sustainable.
Do You Need a Lawyer for Business Disputes?
Being in charge of your business puts you in a position where you’ll face disagreements from time to time. Some matters could also turn out to be complicated, difficult-to-resolve disputes, which means you’ll want to have someone else fight on your behalf. Besides helping you understand your rights, a good business dispute attorney will also strive to reach a fair and adequate resolution, so make an appointment with one to see how they could be of help.