Disputes are a part of life but when individuals or businesses become embroiled in a civil dispute, many think going to trial is their only option to achieve a resolution when in fact it is often the last course of action.
Litigation involves going to trial. Once the law suit is filed with the courts the process is formal and involuntary. Both parties will have to share information with the other party via their attorneys and have to answer questions to the opposing attorney before the trial begins. At the trial both parties evidence will be presented, weighed and decided by a judge or jury. The decision will be final and the proceedings of the trial will be made public.
Litigation should be the final option but first it is important to explore with your attorney the less costly, more private and timely options available such as Negotiation, Mediation and Arbitration.
Informal Negotiation involves your attorney working with the other party in a mutually agreed location to reach a solution that satisfies both parties. If this is achieved not only is it a cost effective and timely resolution, it can be confidential, suiting persons desiring discretion and/or needing public relations management.
Mediation involves including a third party to enable communications between the two parties, in cases where it has broken down. The mediator will try to achieve a mutual resolution by helping both parties lay emotions aside. This can be done by meeting parties together and separately. The mediator will not be a decision maker but helps the dispute reach agreements by encouraging reason over emotion.
Arbitration involves an arbitrator being presented with evidence from both sides. The evidence is considered based on the merits of what each party presents and then comes to a decision. This is less formal than a trial and offers privacy for those not wanting the dispute to be made public, however the decision is binding and offers less appealing options than going to trial.
When all options have been exhausted and there is still no resolution then litigation may be the final course of action that is advised.
Civil disputes are best resolved when parties have the best representation, ensuring their client has as painless a process as possible to reaching an agreement.
Norton Hammersley’s trial practice and dispute-resolution group represents local, regional, national and international clients including real-estate developers, large corporations, insurance companies, contractors, financial institutions, small businesses and individuals.
Our Sarasota Business Litigation Attorney practice can handle complex commercial litigation, contract disputes, construction litigation, real-property matters, estate and trust disputes, probate litigation, property-tax disputes, creditors’ rights litigation and lending law matters. We offer significant experience and skill in all aspects of dispute resolution, including negotiations, pre-suit resolution, mediation, trial, arbitration and appeals in all Florida state and federal courts.