Unknown to many, mediation offers innumerable benefits to those willing to consider it.
WHEN IS MEDIATION NECESSARY?
It can be voluntary. But, under Florida law, there are very few cases that are not ordered to mediation.
If you’re unwilling to participate in a court-ordered mediation, you will be at risk for sanctions, including mediation fees, attoney’s fees and costs.
Mediation is an excellent alternative to trial when the parties are;
- Focused on maintaining a good relationship, after the dispute is resolved, these may be the case for business partners who wish to keep doing business together.
- Looking to identify parties’ positions and underlying issues.
- Interested in exploring settlement alternatives.
- Interested in exercising self-determination and joint problem-solving.
WHAT ARE THE ADVANTAGES?
The process takes a few hours to days, allowing you to get back to your lives faster.
It saves on legal costs as well as lost productivity costs of the parties involved in the dispute. The mediation costs are typically split between the parties.
- The whole process is confidential
There are no records and transcripts that may be used against you in pending or future lawsuits.
- Exceedingly flexible and produces better results
Parties have a more significant involvement in negotiations and have more control over the outcomes.
Parties come to a mutual settlement with no public record of a winner/loser, or admission of guilt, insuring greater privacy.
- Protects ongoing relationships
It keeps all parties away from the torture of years in litigation and results in outcomes that are agreeable to all.
Thus, increasing the chances of preserving personal or business relationships.
The decision is primarily in your hands. You don’t rely on judges and a jury who may have little to no real interest in your case.
- Free to voice opinions and concerns
Due to mediation confidentiality, all parties can speak freely in the mediation conference thus improving the chances of understanding each others positions.
MEDIATION SHOULD BE CONSIDERED!
Although a mediator doesn’t make any decision, it is advisable to hire someone with experience.
A mediator will help you identify underlying issues, reduce misunderstandings, and suggest or offer outcomes without imposing them on you.
At, McCorvey Law and Mediation, PLLC, our in-depth experience in dealing with all types of business and real estate disputes is invaluable in assisting the parties as they work together to find common ground and suitable outcomes. Contact us today at 904.329.7237 or visit us at 301W. Bay Street Suite 1458, Jacksonville, FL, 32202.
See our FAQ videos answering questions concenring mediation at www.mccorveylegal.com.
If you’re a business executive, you’ve probably debated whether you need a business lawyer. You shouldn’t wait until you’re hit with a lawsuit to consult with one.
An attorney can provide guidance on many aspects of business, from drafting contracts to showing you how to dissolve an LLC in Florida.
Factors to Consider Before Hiring a Business Attorney
The size of your business is a good indicator of whether an attorney’s services will be necessary. The bigger it grows, the more legal challenges you will face. A lawyer helps you navigate them while you focus on your core business.
A law firm’s size also determines how useful it will be to you. A bigger practice can handle your interests over a larger jurisdiction, ie. several states. It will also probably charge you more in legal fees. Often times, a smaller law practice can handle most of your business needs, provide you with more individualized attention, and will charge less in legal fees.
The other factor to consider is the attorney’s field of specialization. Although a business lawyer is already practicing in a niche market, the business world is still vast. Depending on your needs, there are lawyers who specialize in advising startups, drafting and disputing contracts, and mergers & acquisitions.
A lawyer also comes in handy if you’re looking to either form or dissolve an LLC in Florida.
Why Your LLC Needs Legal Guidance
Although attorneys usually charge a one-time flat fee for forming limited liability companies, you’ll probably need them for other services. These include:
- Amending a partnership or LLC operating agreement in regards to sharing profits and losses. These special allocations require the input of a lawyer who’s well versed in tax matters.
- Contributing property to an LLC.
- Making acquisitions which require complex regulatory approvals. A good example is a requirement to conform to environmental protection laws. These are capable of stalling your operations for years, or even preventing growth altogether.
- Handling threats of lawsuits from disgruntled employees, partners, and other stakeholders. Even though these might be baseless, the resources needed to tackle them might impact your bottom line negatively.
Experienced business attorneys try their best to avoid costly lawsuits. Unlike criminal lawyers who enjoy courtroom battles, they prefer to settle things before they snowball. Your business lawyer will readily represent you in a court of law, but only after exhausting more diplomatic options.
Understanding Attorney Fees
Attorney fees depend on the particular issue being addressed. While forming a company might attract a flat fee, it might cost you more to dissolve an LLC in Florida. You might also have to regularly consult your lawyer to clarify some confusing business regulations.
To better control expenses, it makes sense to understand how attorneys charge their fees. These methods include:
- Flat fees for one-off, routine matters such as drafting contracts.
- Hourly rates. Also known as per diem, you pay an amount your attorney feels is commensurate to the value time offered. Some charge per day for longer engagements.
- Monthly retainer. This makes sense if you regularly contact your attorney for legal advice. Instead of being billed per call, you’ll pay a fixed, convenient monthly fee.
- Contingent fee. This is applicable to complex issues such as lawsuits, mergers & acquisitions or any deal in which the stakes are high. The lawyer is guaranteed a cut of the proceeds, or out-of-pocket expenses if the intended result isn’t realized.
This fee ranges from 25% to 40%. It’s preferable because you have common interests, which motivate your business attorney to win.
These billing methods are not cast in stone. You may have to come up with a payment plan which suits your needs as a company. This is detailed in an agreement known as an engagement letter.
Do You Need a Professional Business Attorney in Jacksonville?
Our practice is known for its vast experience and expertise in business-related matters. Whether you’re looking to begin a fruitful partnership or dissolve an LLC in Florida, we’re best placed to guide you. Contact us today for more information on our full range of services.
When operating a small business, you may be focused on growth and improving your profits. Plus, operating your own business is very challenging and time consuming. Consequently, many business owners neglect retaining an attorney. But rather than viewing a small business attorney as unnecessary, you should consider them a valuable asset to your organization.
Lawyers help you negotiate contracts and resolve disputes. They also identify legal issues before you are sued by any affected parties. In my years representing small businesses, I have been fortunate to work with bright and talented business executives who can see the bigger picture when it comes to legal matters.
My goal is to represent property owners, large and small lenders, and businesses with daily operations. By understanding the importance of allowing an attorney to address legal issues properly, small business owners can channel resources towards growth and risk mitigation.
Why do small businesses need an attorney?
We understand the challenges that small business owners face. Resources may be limited, and owners might have limited knowledge of the market and legal guidelines. A small business attorney is a valuable resource you can rely on when in need of legal advice. These lawyers help you deal with contract matter, entity legal requirements, and property issues.
As your business continues to grow and accumulate assets, you’ll need to have the right mechanisms in place to establish ownership, transfer processes, and sales. The elements of small business law can become complicated very quickly. This is why having a professional by your side is the best way of protecting your business.
Depending on the operations of your company, you may also need an industry-specific lawyer. Some attorneys specialize in copyright issues, employment law, sexual harassment, and wage disputes. As you continue to hire more staff that will help your business grow, you’ll also have to protect your company against any violations against employees. Small business attorneys can help you protect the organization from costly lawsuits by providing legal guidance ahead of time.
I have been guiding small businesses in setting up their operations and avoiding costly lawsuits. I also recognize the focus that entrepreneurs have on their companies, and that’s why having a small business attorney such as myself on their side is a valuable service.
When to Hire a small business attorney
As important as it is to have a small business attorney by your side, when is the right time to hire these professionals for your organization? This can be a difficult decision to make, as small corporations typically undergo turbulent times during their early years. The mistake that most business owners make is to hire small business attorneys only when facing a lawsuit. Remember that lawyers can guide you in many other aspects of your daily operations.
You should consider hiring an attorney during any of the following situations:
- When preparing a business plan
- Identifying and trademarking your business name
- Setting up tax forms and identifying tax obligations
- Developing criteria for hiring employees
- Handling audits
- Preparing contracts with sellers and customers
You may be wondering why it’s necessary to seek legal counsel during these seemingly routine processes. Being proactive is the best approach to take because you’ll avoid making common mistakes that often result in fines, lawsuits, and even losses.
Every small business needs a qualified, experienced, and passionate small business attorney by their side. With many years of experience and expertise, John can help your company navigate toady’s complex legal environment and ultimately become profitable. Need legal guidance for your business? Contact us today.
Business dissolution is a radical step that can be taken during a lawsuit or performance of a mediated settlement agreement. When a business is dissolved, it legally ceases to exist. It may be necessary to dissolve a business if its debts or legal liabilities become too serious to bear.
Just because a business has been dissolved, it does not mean that all of its equipment and other capital assets become useless. The dissolution of a business includes the disposal of its assets, which may allow principals of the dissolved business to retain control of items or profit from their sale.
Likewise, the client relationships, expertise, and other key intangibles of a dissolved business do not just go away. However, under the right circumstances, pending litigation and other actions against the business are terminated. This makes dissolution an attractive option in some cases.
How Does Business Dissolution Work in Florida?
The law dictates several steps that must be undertaken before a business can be dissolved.
Some of these include:
- Holding an official vote to close the business, in the case of partnerships or corporations
- Dissolving your business with the government by serving appropriate notice to the state
- Canceling all relevant permits, licenses, and “Doing Business As” names by a given date
- Paying off taxes and debts or making other appropriate arrangements concerning them
- Notifying all stakeholders, including creditors, customers, and your entire workforce
Some of these steps can be undertaken through SunBiz, the online servicing agent for businesses in the state of Florida. However, many of them are multi-step procedures that must be carried out through certified mail or other means that can be quite time-consuming.
All of these steps become even more urgent when they are undertaken in conjunction with a legal settlement or in relation to pending litigation. It’s necessary not only to take action quickly, but lay the foundation to protect your interests as you move forward in your business life.
Making Business Dissolution Easier for Florida Clients
Executives and investors rarely have time in their schedule to manage all the steps involved in business dissolution, especially when they must balance other legal concerns at the same time.
Business dissolution may seem extreme, but it is a responsible and definitive way to resolve certain business disputes. To make that process truly successful, it is essential to ensure all assets, liabilities, and questions are addressed. This is especially true if bankruptcy is a factor.
With years of experience helping clients untangle thorny dispute resolution issues here in the Sunshine State, my philosophy is to provide expert advice and process management that allows my clients to make informed decisions. You can confidently leave day-to-day details to me.
To find out more or get started, contact me today. I look forward to discussing your situation and how I can help you achieve peace of mind.
It’s crucial to have a business dispute attorney by your side.
Business transactions occur daily in Jacksonville and around the globe. While most of these transactions proceed smoothly and the parties involved are satisfied, what happens when a dispute arises? Most business disputes involve disagreements between two or more persons or companies regarding the terms of a written or verbal agreement, such as a party refusing to pay for goods or services it received. Most business disputes involve monetary claims, but can also involve non-monetary claims, such as injunctions. Business claims may even be equitable in nature, such as when a party fails to pay for good or services it knowingly received and benefitted from.
Business disputes can be complicated. This is because they may be written, verbal, or a combination thereof, and involve large sums of money. For example, if you made an agreement with a supplier to deliver goods and they don’t fulfill their end of the bargain, you may end up incurring substantial losses. But are you entitled to recover your attorneys’ fees? It depends, sometimes upon the terms of a written agreement. In some instances, attorneys’ fees may be recovered pursuant to statutory entitlement. Under Florida law, some types of agreements must be in writing to be enforceable, such as a guaranty, or a lease exceeding one year in duration.
This is why it’s crucial to have a business dispute attorney by your side in Jacksonville. At McCorvey Law and Mediation, we can help you address complex contractual and non-contractual disputes while keeping your best interests in mind.
Types of Business Disputes
Business disputes take on many different forms. Parties to an agreement may have failed to deliver on what they promised, such as payment for goods or services, or repayment of monies loaned.
While most business disputes occur from one business to another, such disagreements may also happen between business partners. There are also those disputes that arise between the company and its customers, or the company and its suppliers.
Some of the most common types of business disputes include:
Contracts may be written or verbal. A written contract is a legally enforceable document signed between two or more parties. A breach of contract in businesses commonly occurs when a supplier fails to deliver goods on time, or when a company fails to pay the supplier for goods delivered.
All specific provisions in the contact should be performed or complied with. If not, the agrieved party can initiate a claim against the breaching party.
Business disputes also arise in cases of underperformance. Underperformance refers to technically meeting the conditions of a contract while falling short of any quality standards that were agreed upon. For example, suppliers who deliver damaged goods to your business may be liable for underperformance.
Many businesses sell goods with an implied warranty, which means that there’s a certain quality expectation for the products sold. Any products that don’t meet these standards, or end up harming the consumer, may result in a dispute.
Business disputes also arise when current or former owners fail to agree on how company assets will be distributed. These disagreements may occur when the business is being terminated, or when debts are being settled using company assets. Owners may fail to agree on equity distribution and other business-related issues.
Why you should seek the services of a Business Dispute Attorney
If you’re planning to take legal action on a business dispute, or a claim has already been filed against you, seeking legal representation is critical. Business disputes can be quite costly, regardless of who initiated legal action. A business dispute attorney in Jacksonville can help you decide on the best approach to resolving such disagreements.
At McCorvey Law and Mediation, we help our clients resolve business disputes in many different ways. When appropriate, we may demand arbitration between you and the other party to resolve the business dispute. Arbitration is an out of court process that may enable you to save on costs during the dispute.
We may also propose mediation so that both parties can negotiate a reasonable settlement. And if necessary, we will support you in pursuing litigation by zealously advocating on your behalf in court. Consult McCorvey Law and Mediation for your business dispute needs today.
Every lender has to generate revenue in order to continue to exist. Revenue must cover the lender’s expenses and also provide working capital for future operations, not to mention profit. Consequently, for any lender in the Jacksonville area, retaining a highly capable Foreclosure Attorney to implement a plan for foreclosure and asset recovery is absolutely essential. There are many situations in which lenders incur excessive loan losses simply because they are uncertain how to properly recover possession of, and liquidate the loan collateral.
In Florida, there are laws that govern foreclosure on real and personal property, as well as other legal mechanisms under which loan collateral may be recovered. However, debtors have rights too, and navigating these laws can be complicated for lenders to handle on their own. With a Foreclosure Attorney by your side, a lender can successfully identify loan collateral after a loan default, as well as expeditiously recover and liquidate it to improve the lender’s bottom line.
McCorvey Law and Mediation PLLC works closely with the lender to ensure that all loan collateral is recovered and liquidated in a timely manner.
Foreclosure in Florida
As a lender, you have likely made commercial and residential mortgage loans to various business entities and individuals over time. But what happens if a borrower misses multiple mortgage payments, fails to pay the real estate taxes on the property, or otherwise defaults under the loan documents? Mortgages are instruments that create a lien on real property to secure payment of an underlying obligation, typically evidenced by a Note. As a lender, you can protect yourself by creating a lien against real property, and personal property for that matter, such as fixtures, furniture and equipment. Mortgages and other security agreements vest the lender with certain rights in the loan collateral, to insure the debt will be paid, in whole or in part, by the recovery and liquidation of the loan collateral after such defaults occur.
Foreclosure is the legal enforcement of a lien against the property identified as collateral in the mortgage or security agreement. However, most foreclosure and other asset recovery claims are tedious and time-consuming. In addition, by historic standards, there is still an unusually high number of foreclosure cases pending in the Florida state court system, which can tend to slow down the foreclosure process in light of the court system’s limited resources. It is important to retain counsel that will “stay on top” of your case.
That is where we come in. At McCorvey Law and Mediation PLLC, we monitor each case closely to make sure the case is vigorously pursued to expedite the recovery and liquidation of the loan collateral. How does it work? First, assuming the lender prevails (which is typically the case) the court will enter a foreclosure judgment that will adjudicate the amount owed to the lender and schedule a foreclosure sale. The lender will then receive a credit to bid on the property at the sale, without further cash outlay, up to the amount it is owed as determined by the foreclosure judgment. Such amount often includes late charges, courts costs, and attorneys’ fees, in addition to principal and prejudgment interest calculated at the default rate.
When the property is sold at auction, the lender will either recover the property if it is the successful bidder, or be paid from the sale proceeds up to the amount it is owed, as stated in the foreclosure judgment, if it is outbid by another bidder.
Asset Recovery in Florida
Lenders may also need to recover loan collateral consisting of personal property. When a lender makes a secured loan to a borrower, it relies upon the loan collateral to insure mitigation of any losses that may occur in the future in the wake of a payment or other loan default. However, asset recovery in Florida can easily become complicated with issues such as the attachment and priority of liens. A borrower may retain counsel, particularly in consumer transactions, to assert defenses to the recovery or liquidation of the loan collateral. In such instances, cases can tend to “drag out” resulting in increased expense to the lender. It is important to have an experienced Foreclosure Attorney who knows how to quickly overcome any defenses lacking merit or other delay tactics presented by the borrower.
At McCorvey Law and Mediation PLLC, we help lenders timely recover and liquidate loan collateral in the wake of a loan default. Often it is necessary to utilize the courts to avoid a “breach of the peace,” which under Florida law is not permitted when recovering possession of the loan collateral. And in cases where the recovery and liquidation of the loan collateral does not pay the lender the full amount owed, in certain instances, we can take action to obtain the entry of a deficiency judgment to collect the remaining amounts owed.
Why choose McCorvey Law and Mediation, PLLC?
Foreclosure and asset recovery in Florida can be a complicated process. Dealing with borrowers in default while navigating the applicable laws can be a headache for most lenders. At McCorvey Law and Mediation PLLC, we have over 29 years of experience in the areas of foreclosure and asset recovery.
Not only do we help lenders recover and liquidate loan collateral, but we also keep them abreast of changes in the law. Furthermore, we can help lenders navigate cases in which borrowers file for bankruptcy protection during the foreclosure process. We are adept at filing Proofs of Claim, as well as obtaining adequate protection and relief from stay, when the facts and law support such remedies. And because we are selective with the clients we chose to represent, and the cases we accept, we insure that each case receives the attention it deserves.
Owning and leasing real estate can be a very lucrative, but sometimes frustrating experience that can lead to big headaches for the landlord and/or tenant. It is often helpful to consult with a real estate litigation attorney who can help you avoid such headaches, or at least help keep them to a minimum. Here are some of the benefits of knowing a good real estate litigation attorney when landlord/tenant issues arise.
Ensure Compliance Before Issues Arise
Landlord/tenant disputes are not uncommon. One of the best ways to avoid such disputes is to make sure the lessor’s leasing practices comply with local, state and federal laws. Consulting with a real estate litigation attorney can help you insure your leasing practices comply with the law and that unlawful practices are corrected before problems arise. It is much easier to correct unlawful practices before a problem arises. This is certainly an area in which an ounce of prevention is worth a pound of cure.
Evaluate Your Lease
The lease is the primary document that controls the rights and obligations of the landlord and tenant(s) with regard to the leased property. The contents of the lease are one of the most important aspects of the landlord/tenant relationship to examine. It is an area where you may be making mistakes when it comes to your legal rights and the rights of your tenants. The language contained in the lease can make or break you if a dispute arises. It is important that the lease be reviewed by a real estate litigation attorney to identify and correct any provisions that may lead to unfavorable outcomes in the event a dispute arises. A real estate litigation attorney can draft the lease in such a manner that its terms and conditions favor your position in the event a conflict arises.
Handling a Dispute
Although you may do your best to protect yourself from tenant problems, there are times when disagreements necessarily arise between landlords and tenants. Having a real estate litigation attorney involved may promote resolution of those disagreements without taking the matter to court. A real estate litigation attorney can direct you toward alternatives to going to court, such as mediation, or negotiation. If such alternatives don’t prove successful, a real estate litigation attorney can assist in posturing your case for a favorable outcome when the case goes to court. Of course, a real estate litigation attorney can advise you when it’s necessary to use the courts to prosecute or defend your position. Being aware of your options can help you to make an educated decision concerning how best to move forward.
Common Disputes
Many common disputes can arise between landlords and tenants. Differences can be over the rent, the language of the lease, the parties’ rights, responsibility for repairs, when eviction is necessary, lease renewals, and more. A landlord or tenant will likely benefit in all of these circumstances by consulting with a real estate litigation attorney.
Are you a landlord dealing with a tenant dispute and needing the services of an experienced real estate litigation attorney in Jacksonville, Florida? Landlord/tenant relationships can sometimes be tricky to handle, and it pays to have someone on your side that understands the dynamics of the landlord/tenant relationship, and the rights and obligations of both parties. Contact McCorvey Law & Mediation PLLC to discuss your landlord/tenant issue today. We can assist you in evaluating the problem and determining the best course of action when landlord/tenant issues arise.
You’ve found yourself in a situation that requires a real estate litigation attorney in Jacksonville, Florida. It can be easy to feel overwhelmed by the number of lawyers in your local area. It is best to proceed by talking to the lawyers that you think may be best suited to handle your real estate litigation. Each of the following questions can help narrow the field as to which real estate litigation attorney you should hire.
What is the lawyer’s experience level?
The amount of experience that a lawyer has in handling real estate litigation that is similar in nature to your case can be invaluable. It is always beneficial to have an attorney on your side with considerable experience handling similar real estate litigation. That doesn’t mean that you need the attorney with the most knowledge or experience possible, as this may result in a massive bill, but you want to find a lawyer with a sufficient level of experience for you to feel confident the lawyer is capable of handling your case. This can also be a perfect time to ask about the lawyer’s education, credentials, ratings and other information about their background to help you decide who to hire.
What is the lawyer’s approach?
This question is excellent because it gets into how the lawyer would go about handling your case, including communicating your you, the client. The answer the attorney gives can help demonstrate not only their understanding of the complexities of real estate litigation but how they treat their clients. Can you understand what they are telling you? Will they keep you informed about the status of your case? Do you feel that they communicated your options to you? The most qualified lawyer in the world that makes you feel confused or unhappy is probably not the right lawyer for you.
Who is on the legal team?
Not only should you feel comfortable with the lawyer, but also their team. If you’re going to spend much of the time on the phone with their paralegal or another staff member, it’s a good idea that you meet them before selecting your attorney. Finding out about their experience, background, and credentials can be helpful in making your decision.
What Type of Billing Can I Expect?
It can be hard to talk about finances, but for a big decision like hiring a real estate litigation attorney, asking about billing can help prevent an unwelcome surprise when the bill comes due. Most attorneys bill on an hourly basis, so they will keep track of the time they spend on your case and charge accordingly. However, with some less involved cases, they may charge a flat fee. You don’t necessarily want to select the lawyer with the lowest fees based on that factor alone. You should weigh all of the different factors to find the attorney best suited to handle your real estate litigation.
Are you trying to find an experienced real estate litigation attorney in Jacksonville, Florida, to help you with a real estate litigation matter?
Contact McCorvey Law & Mediation PLLC today to learn more about the services we offer. Let’s discuss your case to identify how best to proceed with your real estate litigation matter.
In the world of business, facing disputes is almost inevitable at some point in time. Disputes can arise due to a whole host of reasons, including employee relations, partnerships with other businesses and contracts with
vendors. As a result, if you own a business, it’s best to understand your options for handling such disputes before they come about. You may think that litigation is the first course of action, but there are actually a number of other options to consider, including:
Negotiation
Instead of jumping straight to litigation, you might try to negotiate with the other party. Depending on your skills as a negotiator, you may be able to handle this process on your own; however, if you are not a strong negotiator, it would be best to involve someone who is up to the task. As with any negotiation, the goal is to bring about the best outcome for all parties involved. Essentially, you will need to be willing to give into some of the demands from the other party, but you will also benefit from having some of your own demands met in return. If negotiation fails, you might consider mediation.
Mediation
Mediation is basically negotiating with the assistance of an independent third party. The mediator acts as the person who can help the disputing parties to find common ground and bring about a fair resolution. Unlike a judge in a business litigation case, the mediator does not have control over the outcome. Instead, he or she guides the parties in bringing about a fair result without taking the case to court. If mediation fails or is not a viable option, you may then want to consider arbitration.
Arbitration
In arbitration, both parties in the dispute present their facts as if in a courtroom, and an arbiter makes the final decision as to the resolution of the dispute. Each party agrees to be legally bound by the arbiter’s decision, and the arbiter is typically going to be someone with a legal background. The process is more formal than mediation or negotiation. If arbitration fails, the next step, and often last resort, is litigation.
Litigation
Litigation occurs when parties seek to have their grievances addressed in court. In other words, it’s where one party sues the other. While this is often recommended as a last resort due to the time, energy and resources it requires, it can be very beneficial when you have a qualified, competent law firm on your side. It’s also worth noting that, in some states, you may be required to attempt mediation or arbitration before you are allowed to bring your case before a judge.
To find out what your state requires to bring your case to court, contact a qualified law firm like McCorvey Law & Mediation before taking any further action. By seeking out an attorney who specializes in business disputes first, you will often have the best chance of obtaining the most favorable outcome.
In the world of business, facing disputes is almost inevitable at some point in time. Disputes can arise due to a whole host of reasons, including employee relations, partnerships with other businesses and contracts with
vendors. As a result, if you own a business, it’s best to understand your options for handling such disputes before they come about. You may think that litigation is the first course of action, but there are actually a number of other options to consider, including:
Negotiation
Instead of jumping straight to litigation, you might try to negotiate with the other party. Depending on your skills as a negotiator, you may be able to handle this process on your own; however, if you are not a strong negotiator, it would be best to involve someone who is up to the task. As with any negotiation, the goal is to bring about the best outcome for all parties involved. Essentially, you will need to be willing to give into some of the demands from the other party, but you will also benefit from having some of your own demands met in return. If negotiation fails, you might consider mediation.
Mediation
Mediation is basically negotiating with the assistance of an independent third party. The mediator acts as the person who can help the disputing parties to find common ground and bring about a fair resolution. Unlike a judge in a business litigation case, the mediator does not have control over the outcome. Instead, he or she guides the parties in bringing about a fair result without taking the case to court. If mediation fails or is not a viable option, you may then want to consider arbitration.
Arbitration
In arbitration, both parties in the dispute present their facts as if in a courtroom, and an arbiter makes the final decision as to the resolution of the dispute. Each party agrees to be legally bound by the arbiter’s decision, and the arbiter is typically going to be someone with a legal background. The process is more formal than mediation or negotiation. If arbitration fails, the next step, and often last resort, is litigation.
Litigation
Litigation occurs when parties seek to have their grievances addressed in court. In other words, it’s where one party sues the other. While this is often recommended as a last resort due to the time, energy and resources it requires, it can be very beneficial when you have a qualified, competent law firm on your side. It’s also worth noting that, in some states, you may be required to attempt mediation or arbitration before you are allowed to bring your case before a judge.
To find out what your state requires to bring your case to court, contact a qualified law firm like McCorvey Law & Mediation before taking any further action. By seeking out an attorney who specializes in business disputes first, you will often have the best chance of obtaining the most favorable outcome.
