Like most hard working Floridians, your business is your life, and protecting it is your first priority. Yet even with protections in place, no one can prevent disagreements from occurring, and disputes will inevitably arise, necessitating the need for a business litigation attorney. Whether it’s a financial disagreement with a competitor, a partnership dispute or breach of contract, resolving problems takes time and energy many businesses simply don’t have.
While litigation is an option, there are alternatives for resolving disputes that may be more appropriate than the courtroom, and it’s important as a business owner to understand your choices. Whether you choose to pursue litigation, negotiate a settlement or take advantage of professional mediation or arbitration, the right business litigation attorneys in Boca Raton with problem-solving skills and expertise can help.
In the state of Florida, business litigation is controlled by state court rules and litigants typically go through a variety of steps. Pursuing judicial resolution usually involves a pleading and a response, which is essentially your description of complaint to the court, motions, discovery (including deposition and interrogations), pretrial conferences and ultimately, trial. After judgment is made, there may be appeals. And, finally, one has to hope there are assets against which to actually collect on a judgment.
Alternative Dispute Resolution (ADR)
Like the name implies, Alternative Dispute Resolution is an alternative to litigation, involving arbitration and/or mediation. Arbitration is less formal and typically less expensive than going to trial, while mediation tasks a neutral third party with hearing both sides to create a mutually acceptable resolution. Business owners frequently pursue arbitration and mediation to save time and money, avoiding litigation.
Small Claims Court
Small claims court is reserved for relatively minor issues, and for small monetary disputes, can be a practical option. However, the eligibility process differs from jurisdiction to jurisdiction, and what may be appropriate in one area, may not be in another. At present, small claims jurisdiction requires a controversy involving $5,000 or less.
Typically in class action, one or more people represent a larger group seeking litigation. The intent behind class action is to bring together a large group of aggrieved litigants, gaining strength in numbers by consolidating many cases into one.
Have a Conversation With a Business Litigation Lawyer
If a disagreement with a business competitor or partner looks as though it may result in litigation, it makes sense to secure an experienced, proven business litigator. Sound advice and guidance through a complex decision making process is important. At Sherman and Sherman, we understand business litigation and with demonstrated problem-solving skills and a wide range of options on the table, we can help you identify the most effective solution quickly and efficiently. Generally, there is no charge for an initial consultation.