Using business litigation lawyers can often be a costly and time consuming process, in some cases litigation may not be the best solution to solving a business conflict. If negotiations fail, including arbitration and mediation then litigation is usually the only way to find a solution. In business, mediation differs from arbitration; in arbitration the arbitrator actually makes a legal judgment after hearing both sides. This approach is often taken when a former employee claims wrongful dismissal, more complex cases go to court.
When all else has failed then filing a lawsuit is in order. In many cases the aggrieved party will explain to the other party why they are planning on suing and why it is felt they are responsible for the harm that has been suffered. If the other party is reticent and refuses to negotiate them the lawsuit is initiated when a complaint is filed in court.
There are many rules associated with filing a complaint, it is imperative that the aggrieved party hires business litigation lawyers to act on his or her behalf. Not only are there strict rules of civil procedure there are rules that define which is the proper court to file in and even the forms used to file the complaint must meet a certain standard. Seasoned business litigation lawyers are aware of all the rules and court formalities. Once the complaint has been formally lodged with the proper court you are now known as the plaintiff, the entity that is being sued is now known as the defendant.
You need to involve lawyers as soon as you know that mediation, arbitration and negation have failed. In commercial disputes when you engage lawyers early in the dispute you can often help in stopping the matter from getting blown out of all proportion. It is important to have a lawyer between you and the defendant; your lawyers can stop you from making any concessions that might harm the case in the event the case actually goes to court.
If you are on the other side and you are being sued the first thing that you should do is review the contents of your insurance policies. In the event you try to solve the problem yourself between the parties you may lose any potential insurance cover due to a time limitation. Once you have gone through your policy there is little doubt that you will need to hire business litigation lawyers to determine the appropriate course of action. Visit Zimmerman Law Offices, P.C. for a free consultation.