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Reasons for Business Litigation
I had a client the other day come by with a case involving a breach of contract where he delivered a certain amount of product to a company and that company didn’t pay. We demanded payment. That other company came back with arguments to say why they did not pay. They were, of course, maybe not relevant, not proper. Sometimes, there’s an honest difference of opinion. Sometimes, you have people who just breach your contract and try to not pay what they were obligated to pay. The reason for business litigation can vary. Sometimes, it’s an honest dispute and sometimes it’s not an honest dispute but just a way to avoid making payment.
Difference Between Mediation and Arbitration
I had a client the other day ask me about what mediation was and what the differences between mediation and arbitration are. Mediation is a settlement conference, typically conducted by a mediator who then consults with both parties, separates the parties, and discuss the pros and the cons on both sides of the case to try to bring the parties to a middle ground, where they both are satisfied. That’s called a mediation. That can be either court ordered or voluntary. Arbitration is a totally different animal. Arbitration is where you basically have a judge who sits, maybe not a sitting judge but a person, a lawyer or an engineer or someone who’s an expert in that case who sits as the fact finder, sits as the jury, and present evidence and cross examine witness, just like you would in high court. That arbitrator makes a decision that is binding on both parties. Mediation is a settlement conference. Arbitration is basically a hearing in front of an individual or a set of individuals who make a binding decision in the case.
Business Partner Breaching Out Contract
I had a client the other day bring me a contract that he had with an ex-partner and he claimed that the ex-partner had breached the contract. The first step that you always would take in a breach of contract is to bring it to a qualified attorney who knows contract law. You look at what remedies you might have, what your rights are, and what the steps that need to be taken to preserve your rights in the event of litigation are. Hopefully, by bringing it to the proper attorney, that you can work it out pre-litigation any issues. The whole purpose of business litigation is to try to resolve things in an expeditious manner and in a manner that you can afford.
Are you or a loved one in the process of a business litigation case in Statesboro, Springfield, or Swainsboro and have questions about our 3 business litigation tips? Contact the experienced Georgia business litigation attorneys at Hall & Navarro today for a consultation and case evaluation. We can help get your life back on track.