February 24, 2024

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Association Of Law

The Role of a Corporate Litigation Lawyer in Resolving Business Disputes

3 min read

Business disputes can affect a company’s operations, financial health, and future. An effective resolution can prevent harm or a costly loss.

Disputes can arise from many sources. A skilled business litigation lawyer can assist in resolving them in ways that minimize their impact on your operations and relationships moving forward.

Representation in Alternative Dispute Resolution

Most legal disputes settle through negotiation, mediation, or arbitration. These dispute-resolution processes are more flexible than a courtroom trial. They can involve parties voluntarily participating without the threat of being forced to participate in a case that might ultimately result in a binding decision by a judge or jury.

These alternative legal proceedings are often quicker and less expensive than litigation in a traditional courtroom. A corporate lawyer can help a company determine the best option for resolving a dispute and work to mitigate risk.

Business disputes are a common occurrence for every business, big and small. Even if a company takes steps to reduce risk, it can still be affected by issues that can lead to litigation. A skilled corporate litigation lawyer can assist a company in finding the right solution to a legal problem and get it back to regular operation as quickly as possible. This may include negotiating a settlement or taking the matter to a neutral evaluator, mediation, or arbitration.

Representation in Arbitration

Disagreements between businesses are not uncommon, and many legal disputes end up in court. Litigation is costly and time-consuming. It can divert a company’s valuable resources from serving customers, expanding markets, meeting financial goals, maintaining employee and customer satisfaction, and growing its brand.

A corporate litigation lawyer can help a business avoid or resolve disputes through arbitration. The process can be less expensive than litigation and may result in a quicker settlement. However, a company should have a qualified litigator throughout the proceedings.

The nonbinding arbitration process typically involves presenting a case by attorneys to one or three arbitrators who remain primarily passive. Arguments are supported by affidavits, depositions, and documentary evidence; witnesses are rarely presented. After hearings, the arbitrators deliver a ruling (an award). Depending on the circumstances, this decision can be binding or nonbinding. It may also be subject to appeal.

Representation in Negotiation

In cases where a settlement is possible but parties are at an impasse, corporate litigation attorneys can help resolve the dispute through negotiation. This is a more informal process than arbitration or trial, but it still involves meeting with representatives of the other party to find common ground for resolution.

Generally, this is a case of breaking down the dispute into more minor, more manageable issues that can be negotiated in a series of mini-negotiations. A lawyer can advise the client on what topics need to be settled to reach an agreement and which should be addressed.

A skilled corporate litigation firm can also help prevent business disputes by proactively identifying legal problems and developing management strategies. This can include drafting contracts and other documents that minimize the risk of conflicts or conducting risk assessments to identify potential issues before they arise. This is often called “pre-litigation” work.

Representation in Court

Whether it is a dispute with a client, supplier, business partner, or employee, disputes are a fact of life in the business world. While these problems can be frustrating, having a knowledgeable business litigation lawyer on your side can reduce the impact of these conflicts and help you find creative solutions. The attorneys are committed to representing clients in all business litigation matters, including class actions, derivative suits, shareholder lawsuits, partnership and dissolution issues, federal and state tax litigation, and product liability category action cases. They know that a legal battle disrupts your concentration and resources, so they work hard to keep your costs low by using alternative dispute resolution methods whenever possible.

A successful civil lawsuit in a business dispute usually results in one of two remedies: money damages or a court order imposing certain obligations on the defendants that might otherwise be prohibited by law.

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