Legal action in a business setting can be challenging as there are so many areas in which disputes can arise. Electronic discovery and other modern technological methods can add to the complexity of legal needs for today's business. The adaptability of legal professionals in dealing with more tech-based actions is a priority. Areas that could result in the need for business litigation include disputes with partners or shareholders, non-competition agreements, consumer complaints, breach of contract situations and fraud.
One of the important advantages of changes in business litigation is the fact that there are newer avenues for addressing disputes and concerns. In place of a civil lawsuit, procedures such as mediation, arbitration and trials before private judges may be considered for resolving problems. In mediation, an impartial party oversees the efforts between those involved in a dispute but does not make decisions for those parties. Arbitration is similar to a trial, but the parties involved may have some input into the individual or group overseeing the process. These alternative dispute resolution actions offer benefits such as maintaining confidentiality rather than exposing issues to the public record.
There are business situations that may demand a stronger approach to settling disputes, and litigation may need to be prompt and firm. Working with experienced professionals allows a company to benefit from expertise and understanding of the most appropriate options in addressing disputes. At times, alternatives may be sought with litigation being used as a last resort. In other cases, litigation may be the most appropriate first step.
It is important to understand the full range of implications in dealing with legal action in the business world. Fees and related expenses should be explained. Additionally, your legal team should be able to explain any risks involved in choosing a certain approach to resolving a business dispute. See our business litigation page for more information.
Source: Palmer Manuel, "Dallas Business Litigation Attorneys", October 15, 2014