Litigating Business Disputes Effectively

A business dispute however small needs legal representation that is cost-effective, dynamic and creative.  An enterprise must have a business litigation team which has a legal expertise coupled with industry knowledge in order to accomplish results for business conflicts of all kinds.

Business litigation is an area of law that assists in the preparation and presentation of a lawsuit or other resort to the court to resolve legal questions or matters in different business scenarios. A business can be an activity or enterprise usually a company, corporation, partnership or any formal organization.

Business litigation includes but is not limited to the following:

• Claims of contract breach
• Business torts such as fraud, misrepresentation, conversion, and interference with contract
• Unfair and deceptive trade practices
• Securities and antitrust violations
• Intellectual property claims

All the above actions can become complex and risky when asserted in the context of a class action.

Resolving Business Disputes

A business owner is often faced with legal issues whether as the plaintiff or as a defendant in a business suit. The following are tips to help an owner decide whether to sue or not. These things, if observed, will also prevent future court actions.

Arbitration and Mediation

Arbitration and mediation are alternative to dispute resolutions. Mediation is a process whereby a mediator helps the parties, in an informal discussion, to resolve their issue. Nonetheless, the mediator’s proposed agreement is not binding among the parties. This form of dispute resolution is usually applied in labor negotiations, business contracts and employment disputes. Through mediation, disputes are solved in a short time. It is less expensive than litigation and parties can deal directly with each other. However, since the decision of the mediator is not binding, the mediation is just a waste of time if the parties fail to agree. Further, if the mediator has no sufficient skills, the process would still fail.

Arbitration, on the other hand, is also a process of dispute resolution. Unlike mediation, the decision of the arbitrator is final.

Non-Compete Agreements

Many businesses, partnerships, and employment contracts include non-compete agreement. An agreement like this is aimed at preventing future disputes regarding employee’s leaving the company and stealing customers or ideas in favor of the new business or competitor.

While business disputes are shared by many companies, specific industries have specific needs. Hence, if you are a party to issues involving breach of contract, securities fraud, antitrust, tortuous interference, and labor and employment disputes, you should consult with a business litigation lawyer immediately.