The contracts, relationships, and transactions that make up the foundation of your company are vital to your ongoing success. When disputes arise that threaten to crack the foundation of your commercial affairs, you may wonder how to defend your company and minimize the risk to your enterprise and its assets. If your company is facing a dispute, you need an agile, zealous lawyer for business disputes in your corner.
Our team at Hone Law has earned widespread acclaim for representing business clients in Nevada and beyond. We deviate from the antiquated BigLaw style of homogenous teams and stilted business strategies that fail innovative companies, instead using real-world experience to effectively strategize for our clients. To discuss your dispute and the methods we can use to resolve it, consider connecting with our team at (702) 608-3720 today.
What Is Business Litigation?
Disputes are commonplace in business and many companies will face a conflict involving their operations or professional relationships. Business litigation is the process used to resolve these disputes in a court of law. This form of litigation can be highly technical and complex, involving a significant amount of financial and business documentation, high-stakes negotiations, and expert witness testimonies.
Disputes can escalate into litigation for several reasons, and everything from false advertising to fraud claims to securities violations can lead to civil actions. The main types of claims that lead to business litigation include:
- Breach of contract
- Noncompete issues
- Breach of fiduciary duty
- Fraud
- Intellectual property infringement
- Employment disputes
- Partnership disputes
- Real estate matters
- Zoning and land use disputes
- Product liability
Business litigation encompasses several areas of law, involving a myriad of different types of legal issues. Navigating these matters requires in-depth knowledge and expertise, and simple missteps during the process can have serious legal ramifications.
For this reason, companies that anticipate involvement in litigation or are scaling their operations should seek counsel from an experienced lawyer for business disputes. At Hone Law, we help businesses effectively strategize to move through the process and resolve issues as quickly and efficiently as possible. In some cases, this may include the use of alternative dispute resolution approaches.
What Are the Common Issues in Business Litigation?
Ideally, commercial disputes can be resolved without resorting to business litigation through amicable negotiations or alternative dispute resolution techniques. Many times, a swift resolution without litigation is considered favorable because it avoids the sheer output of resources associated with litigating a claim. Between costs, reputational damage, and resource utilization, business litigation can be draining to companies of all sizes.
Moreover, some matters, such as disputes involving fraud or contract issues, can force a company to put its operations on hold. Litigation over data security issues or employment discrimination can also harm a brand’s reputation and long-term prospects.
For this reason, it is important to carefully consider your company’s motivation for litigation as well as the strategy of your lawyer for business disputes. With the right legal counsel in your corner, it is possible to minimize the risks associated with litigation and preserve your company’s financial and reputational well-being.
What Is Alternative Dispute Resolution?
Alternative dispute resolution (ADR) refers to using a neutral third party to help disputing parties resolve outside of court. In general, ADR has been used as a tool for resolving commercial disputes arising due to poor communication, personality conflicts, and alleged discrimination or harassment in the workplace.
While Hone Law lawyers for business disputes leverage a wide range of ADR techniques – including arbitration, mediation, settlement negotiations, and adjudication – the objective of all methods is the same:
- Motivate each party to focus on the dispute at hand
- Allow each party to present their viewpoint and perspective
- Relieve tension and discuss issues amicably
- Facilitate the opportunity to identify common interests and reach a mutually beneficial settlement to resolve the disputed issue
What Is Arbitration?
In arbitration, a neutral third party (the arbitrator) will act as a judge and listen to each side as they argue their case and present relevant evidence. The arbitrator will then issue a legally binding decision on the matter. The involved parties can negotiate virtually any component of the arbitration guidelines, including the use of lawyers and the standards of evidence to use, but the arbitrator is always given the authority to determine which party wins the case and the amount of damages to be awarded, if any.
What Is Mediation?
In mediation, a neutral third party (the mediator) attempts to help both parties agree on their own. Rather than imposing a solution, the mediator will help each side explore the interests that underlie their positions. Their role is largely facilitative, and their focus is resolving that is voluntary, non-binding, and sustainable.
Each mediator is different, with some choosing to keep their views hidden and others opting to offer their own opinions and experiences to move the conversation forward. In general, mediators often use these strategies to help disputants resolve:
- Identifying additional information that parties were initially unwilling to share
- Brainstorming potential solutions that satisfy both parties
- Contributing impartial expertise
- Facilitating open, honest, and productive communication
What Are the Common Issues in Alternative Dispute Resolution?
While alternative dispute resolution can be a cost-effective way to keep companies out of court and away from litigation, if these methods are not properly used, they can merely add excess legal baggage in terms of motions, discovery, expert witnesses, and damages awarded. Too often, ADR methods mutate into a private judicial process that closely resembles the litigation it is designed to prevent. Often, this occurs when companies are forced into ADR due to a clause in their contract.
These issues can be avoided through proper and strategic implementation of alternative dispute resolution techniques and wholehearted adoption of the principles of ADR. Generally, these methods are most effective when both parties are culpable in the dispute. Under these circumstances, alternative dispute resolution may be a sensible choice to limit the extent of claims.
Is It Worth It for My Company to Pursue Business Litigation or Alternative Dispute Resolution?
Whether your company pursues business litigation or alternative dispute resolution depends on the unique circumstances of your dispute, the financial needs of the business, and your perspective on the matter. Most commercial disputes are resolved before reaching trial, meaning ADR techniques can help “cut to the chase” and settle faster.
In situations where your company has a strong case against the opposing party, settlement negotiations have failed, and the opposing party has the assets available to pay the judgment if you win, litigation may be the right choice. Ultimately, your lawyer for business disputes will work with you to determine the most beneficial strategy for your company.
How Can the Experienced Lawyer for Business Disputes at Hone Law Help?
Business disputes are an inevitable part of doing business, and when conflict arises, it is important to have sharp litigation counsel to achieve an outcome that aligns with your interests. Companies of all sizes, from a vast range of industries, rely on our team at Hone Law to protect and enforce their commercial rights amid high-stakes disputes.
Our knowledge, decades of experience, and collaborative approach allow us to provide a level of commercial sophistication that can prove essential in business litigation. No issue is too complex for our team. To begin strategizing a path forward with an experienced lawyer for business disputes, connect with us today at (702) 608-3720.