Commercial litigation is the legal process through which you resolve disputes related to business and commercial transactions. It typically arises when two or more parties disagree about a commercial transaction, which includes breach of contract, fraud, business torts, employment disputes, and more. Since commercial litigation is a complex and time-consuming process, you need the expertise of experienced commercial litigators to ensure a favorable outcome.
The commercial litigation process typically begins with a dispute arising between two or more parties. If you fail to resolve the dispute through negotiation, a lawsuit in court follows. The party initiating the lawsuit is the plaintiff, while the other party is the defendant. The commercial litigation complaint will outline the allegations and claims made by the plaintiff and request relief from the court. Most of the time, this request is a judgment for money damages.
Be mindful of Arbitration rights. This is where there is a written contract that requires Arbitration. In this case, the lawsuit is dismissed or abated for arbitration to ensue. Arbitration is typically final with no appeal being permitted unless that too is agreed in a written contract. However, you waive your right to Arbitration if you defend. For example, you waive Arbitration in a commercial litigation action when you answer the complaint and set up defenses.
In civil litigation, the next step is usually a motion to dismiss for failure to state a cause of action. This motion is grounded in civil procedure. You will not provide testimony here about who breached or who intentionally misrepresented material facts, for example. Therefore, after the court resolves this motion, the plaintiff has the opportunity to file an amended complaint.
The defendant then responds to the lawsuit by filing a written response, known as the answer, which includes affirmative defenses against the plaintiff’s allegations. Next, both parties will engage in discovery, which is the process of gathering evidence and information from the other party. This includes depositions, interrogatories, requests for documents, and other methods of discovery.
Once discovery is completed, the parties file pre-trial motions to resolve any outstanding issues or disputes before the case goes to trial. These motions include requests for summary judgment, which seek to resolve the case in favor of one party without a trial.
If the case proceeds to trial, both parties will present their case to a judge or jury, who will make a decision based on the evidence and arguments presented. The trial process involves witness testimony, expert testimony, and entering into evidence documentary proof in support of each party’s case.
Keep in mind there is still the opportunity to settle major litigation. The parties will engage in mediation before a qualified mediator who will facilitate settlement discussions. Mediation is effective especially after the discovery process has uncovered a host of facts that place the case in sharper focus. Courts will in any case require mediation before you can go to trial.
If you are dissatisfied with the outcome of the trial, you must decide if you want wish to appeal to a higher court. However, appeals are typically limited to errors in the trial process or legal interpretation and do not involve a retrial of the case. Appeals have a low probability of success as a result.
Commercial litigation is a costly and time-consuming process for all parties involved. However, it is necessary to protect the interests of businesses and individuals in commercial transactions. To ensure a successful outcome, it is crucial to work with experienced commercial litigation attorneys who have the knowledge and skills to navigate the complexities of the litigation process.
In conclusion, you use the commercial litigation legal process to resolve disputes related to business and commercial transactions. It is a complex and time-consuming process and requires the expertise of an experienced commercial litigation attorney to ensure your best interests are represented. The process typically involves filing a lawsuit, engaging in discovery, mediation, pre-trial motions, trial, and potentially an appeal. To ensure success, it is essential to work with knowledgeable attorneys who can navigate the complexities of commercial litigation.