Often, business disputes can make it to court when each party strongly believes the court will decide in their favor, and the judgment awarded will be significantly higher than the amount offered during settlement negotiations, minus attorney's fees.
When Mediation Fails
Many facing a business dispute end up in court only after alternatives to court, such as mediation, have failed.
It's true that business litigation - solving a business dispute in a courtroom, possibly in front of a jury - can be a lengthy endeavor. However, it is often the only way to achieve fairness for a party that has been wronged in one or more business-related matters.
At trial, evidence will be presented, witnesses questioned, a jury may deliberate, and a verdict will be read. A judgment is then usually awarded to one of the litigants, either the plaintiff or the defendant.
But the matter may not be final: the losing party has the option to appeal the court's verdict.
Qualities of a Good Litigation Lawyer
These traits, among others, are commonly found in a good litigation lawyer:
Superior interpersonal skills: a litigation attorney often must convince judges, other lawyers, and anyone involved in a business dispute to his or her way of thinking, something that can best be achieved if the attorney's ability to communicate and innate likability are top notch.
Tough-mindedness: a tough-minded lawyer is extremely confident and impossible to convince of anything that doesn't serve his or her client's needs.
Superior understanding of the Rules of Evidence and Business Law: a litigation lawyer must make his or her case by wielding the Rules of Evidence, and all related Florida Business Law, with maximum effectiveness.
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Common Disputes that Lead to Litigation
Some of the more common business disputes that can lead to litigation include:
- Breach of contract
- Intellectual asset infringement
- Unfair labor or employment practices
- Patent infringement
- Partnership disagreements
- Software license infringements
After Court: What's Next?
Once a decision has been made in the courts, and a judgement awarded, the matter may not be over, as the losing party has the right to appeal the verdict.
An appeal occurs when one party asks a higher court to overturn the verdict of a lower court. If granted, the previous court's judgment would become invalid, and a new trial would be scheduled.
Even when a verdict has been granted in one party's favor, and any appeal successfully defended, there remains the matter of collecting judgment. Happily, there are several legal recourses available to help spur the losing party's payment of their judgment, should they fail to pay up voluntarily.