When it comes to business, you always want to make sure that you can go about any sort of business dispute in a manner that is as painless as possible. There can always be a difficult situation on the forefront and the best way to resolve them is outside of the courtroom. However, there can always be times when neither side is able to come to an agreement, meaning that they will have to go through with a final level for dispute in the form of litigation.
Should You Litigate?
Going into court with any sort of business issue should always be a last resort. Whenever possible, you want to try negotiating a solution to your issue. However, when this is not possible, the next step is to determine whether or not you should, or can go to court. Litigation when it comes to business can be very tricky unless you happen to have a strong case with plenty of evidence. It is suggested that you always keep a written log of any communication from the very moment that you suspect that there may be a dispute on the horizon, even if it could turn out to be nothing at all. You never want to suffer any sort of financial loss from a court case as it can be a major blow to your business.
If you might be heading to court, you need to consider that if you win, the other side will have to pay a portion of the legal costs that you incur, however they are not bound to pay all of them. This will mean that if they are not able to pay for one reason or another, you will not be able to recover the full investment that you made in the case and the money still comes out of pocket. You also have to keep in mind that if you lose, you have to pay your legal fees as well as a portion of the other side’s fees.
Defending Or Making Your Court Claim
If you feel that moving forward with court is going to be your best option, you will need to start working on making your case. It is always going to be best to consult with a lawyer who will be able to navigate the tough road that could be in front of you. Start off the process by submitting your claim with a local court. The details will then be sent off to the defendant. At this point, the case could be won and the defendant may admit the they are liable, they could settle or there may be a dispute to the claim.
If the defendant chooses to defend their claim, the case will be sent off to a court that is dedicated for dealing with the particular size of the claim. This could be either a small claims court or a larger, multi-track court. From here, the court will then issue all of the instructions on the dates, the times and the presentation of evidence on either side. The court will also issue documents that will inform the parties of what should be done to prepare for a hearing and a timetable of all of the proceedings moving forward. It is best that you have all of your documents and evidence ready prior to even heading into the first portion of your hearing. Missing any of your deadlines will lose you the right that you have to continue your claim.
Both you and the defendant will have the chance to make your case, and the court ends up making their decision while assigning payments of any money. This will include who is going to be responsible for paying any legal fees. If you are not happy about the decision by the court, you have the ability to appeal. However, the appeal process can be lengthy, difficult and costly.