Business Litigation FAQs

Are There Alternatives to Business Litigation?

There are methods for resolving business disputes that do not involve lawsuits. This can then keep you outside of the court. Depending on the circumstances, you may then be able to resolve the issue through arbitration or mediation. These private and less-expensive alternative dispute resolution methods are where a third party helps both sides resolve their differences.

• Arbitration. With arbitration, an arbitrator makes a decision to resolve the dispute after reviewing the available evidence and hearing both sides make their case. In some cases, arbitrators are former judges.
• Mediation. Mediation is somewhat similar. With mediation, a neutral third party helps both sides come to a mutually agreeable resolution.

Both options may be less expensive than traditional litigation. In addition, arbitration and mediation are more private, which is useful for a business that wants to protect its reputation. Arbitration and mediation can also be more flexible for businesses. As a business owner, you and the other parties involved with the dispute may be able to set the hours where arbitration or mediation takes place.

What Are Common Reasons for Business Litigation?

Businesses face or pursue litigation for many reasons, including in the following scenarios:

• Partnership agreement violations. You may pursue litigation or face litigation for partnership agreement violations. If your partner violated the spirit of a contractual agreement, then we can review options for resolving the conflict. Depending on the circumstances, you may then be able to obtain a settlement or seek the other party’s expulsion from the company.
• Contract breaches. Several parties may disagree over the terms of a contract. In some cases, one party may violate the contract outright. There are a few ways to remedy a breach of contract. First, the party in breach of the contract may correct the breach. Additionally, alternative dispute resolution could also resolve the situation. However, litigation is another possible option. In this case, you may be able to then pursue monetary damages against the party who violated the contract.
• Disputes over mergers and acquisitions. Parties involved with a merger or acquisition may have a dispute. These disputes have to be resolved as quickly as possible.
• Shareholder disputes. Businesses may come into conflict with their stakeholders. In a shareholder dispute, our firm can help with discretion disagreements, contribution differences and shareholder agreement breaches.
• Defective work claims. If your business suffered damages due to defects in workmanship or defects in materials, then our firm may be able to help you recover compensation. Defective construction may be a reason to pursue litigation against a construction or contracting company.
• General civil litigation. Businesses may face lawsuits from current or former employees over allegations of harassment or wrongful termination. Additionally, businesses can face lawsuits when defective products harm consumers. Civil lawsuits can cost companies millions of dollars. Thus, it is important to hire an experienced business law attorney to defend against employment and personal injury lawsuits.