Ideally, you would always be able to peacefully resolve disputes with your business partners, employees, or vendors. You would have contracts to regulate your interactions, and everyone would play by the rules. Unfortunately, we don’t live in an ideal world, and most people make decisions based on their best interests, not necessarily on what’s right. That’s when you need to call in a Phoenix business lawyer, and that’s when lawsuits can sometimes be necessary.
When you think of a lawsuit, you might have some dramatic ideas about presenting your case before a jury and getting a judgement for or against you – hopefully for you and followed by a huge judgment. But the reality is that not very many cases proceed all the way to a trial. Here are some of the common outcomes from business lawsuits:
In many cases, business lawsuits end up being settled. Sometimes, they are settled before they ever get a chance to go before a judge. Sometimes, the two parties reach a settlement when it seems like the case isn’t going the way that one of them wants it to go.
Your business attorney is likely to try to settle your case as a first solution. Going to trial is going to be expensive and time-consuming. The best option for you is to get a settlement quickly, if that’s possible. If the other party thinks they are going to prevail, they are likely to refuse a settlement offer and push things forward. But if things start looking bleak, the other party may change their mind and come back with another settlement offer later.
Mediation is a process that attempts to get two parties to come to an agreement to resolve the case. Your attorney may recommend that you go through mediation to reach a settlement agreement so you can avoid a court trial. If the other party agrees, you will go before a mediator, who will guide your conversation to try to get you to come to agreement without having the case decided for you. Any resolution at mediation is voluntary–it’s an agreement that each side accepts. Any agreement you reach in mediation will be binding once it is made.
Mediation can save you a lot of time and money over a trial.
Arbitration is a halfway measure between mediation and a trial. In arbitration, you attempt to reach a settlement agreement. But you give up the right to voluntarily come to that agreement. Instead, you submit your case to the judgment of the arbitrator.
Arbitration is similar in many ways to a court trial. Your attorneys will make arguments and present evidence, and the judgment from the arbitrator will be binding. However, arbitration proceedings are smaller in scale, and they are private. Through arbitration, you are usually able to save money and time and keep your business dealings out of the public eye.
When these other measures fail, that’s when a lawsuit usually moves to a trial. Typically, only the cases with the biggest stakes (or the stubbornest parties) will go to trial. That’s because the parties involved really have something to lose and are less likely to make concessions through settlement or mediation.
Know that if your case goes to trial, it could take months or even years to get a resolution. If you don’t get the judgment you want, you may be able to appeal the case, but there are no guarantees that the appeal will go in your favor either. You could end up spending a lot of money on legal costs without getting the outcome you want.
Consult with an experienced business lawyer if you are having a business dispute and learn about all your options for reaching a resolution. You may find that you can get satisfaction through a direct settlement or mediation. You’ll get a resolution more quickly, and you’ll save money. Your attorney can help you think through all the pros and cons to determine if pushing for a trial is the best course of action after all.
Call Denton Peterson Dunn in Phoenix if you are dealing with a dispute involving your business. We represent clients in disputes involving employees, vendors, franchisees, customers, and other businesses. We’ll represent you in direct negotiations, mediation, arbitration, or trial. Our experienced business attorneys are committed to getting you the resolution that’s best for your business and helps to protect your longevity. Contact us in Phoenix today to schedule a consultation with a business attorney and learn more about your options.
Brad Denton – Denton Peterson Dunn
Mesa Location
1930 N Arboleda #200
Mesa, AZ 85213
Office: 480-325-9900
Email: brad@dentonpeterson.com
Website: https://arizonabusinesslawyeraz.com
Scottsdale Location
7272 E Indian School Rd #540-132
Scottsdale, AZ 85251
Phone: 480-325-9919
Email: service@dentonpeterson.com
Website: https://arizonabusinesslawyeraz.com
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