WORKING WITH A COMMERCIAL DISPUTE LAWYER IN ATLANTA, GA
If you’re involved in a commercial dispute, you may know your rights and how to protect your business or company. Get more information from a lawyer now.
What is a Commercial Dispute?
This type of dispute can quickly occur in a business partnership or corporation. Sometimes, parties in conflict resort to commercial litigation to resolve their differences. Commercial litigation aims to resolve a commercial dispute through the court system or alternative dispute resolution processes.
Contact our skilled business attorney in Atlanta at The Chouhan Law Firm, LLC, to better understand what happens in a commercial dispute case and how you can best prepare to win the dispute.
What Is the Process of Filing a Commercial Dispute Lawsuit in Atlanta, GA?
In Atlanta, GA, initiating a commercial dispute lawsuit involves several steps guided by a commercial litigation attorney. The process begins with the assessment of the dispute, where commercial litigation lawyers analyze the case’s merits and advise the involved parties on the best course of legal action.
This phase may involve reviewing contracts, trade secrets, and any evidence of breach of contract or trademark infringement.
Once a case is deemed viable, the commercial litigation law firm prepares and files the necessary legal documents to initiate the lawsuit. This includes drafting and filing a complaint, outlining the dispute’s nature, the parties involved, and the desired resolution.
The opposing business entity then receives a summons and is given a chance to respond.
The discovery phase follows, where both sides exchange information and evidence. Commercial litigation attorneys play a crucial role in gathering and presenting evidence, conducting depositions, and representing clients during this phase.
This stage is vital as it shapes the legal landscape of the case and influences settlement negotiations.
Throughout the process, commercial litigation lawyers actively engage in settlement negotiations with the opposing party, aiming to resolve disputes amicably and avoid a trial.
If such negotiations are successful, a settlement agreement is drafted, outlining the terms agreed upon by the involved parties.
However, if a resolution is not reached, the case proceeds to trial. Trial lawyers advocate for their clients, presenting evidence and arguments to support their case. The trial concludes with a verdict, determining the outcome and any personal liability or enforcement actions.
Commercial disputes can range from shareholder disputes to complex cross-border transactions, and having experienced commercial litigation attorneys is essential for navigating the business world and ensuring a favorable outcome in such cases.
RESOLVING COMMERCIAL DISPUTES
Businesses plan their transactions on agreeable terms with the other parties to the contract. However, disagreement can arise at any point before a contract is terminated. From contract violations to intellectual property infringement, such disagreement creates legal conflict and forms the basis of a commercial dispute.
A few examples of general commercial disputes are
Insurance coverage disputes
Fail to perform contractual obligations
Joint venture disputes
Class action lawsuits
The debtor or creditor’s actions
Commercial disputes are not easy to handle and would require you to consult with a lawyer who understands corporate law and the litigation process.
Working with a commercial litigation lawyer would be beneficial as they can help you with their knowledge of business-related litigation and assist you in the dispute resolution process.
WHAT ARE THE MAIN METHODS OF RESOLVING COMMERCIAL DISPUTES?
The primary method of resolving the commercial dispute is by litigation and trial, where a judge or jury resolves the dispute based on the evidence presented in court.
Other methods of resolving commercial disputes are negotiation, arbitration, and mediation. These methods are known as alternative dispute resolution or ADR.
A dispute resolution lawyer should be skilled in commercial and corporate laws as well as commercial and corporate litigation processes.
Commercial litigation refers to legal practice and dispute resolution methods for issues relating to business operations or transactions. In contrast, corporate litigation is the legal practice relating to the governance and regulations that a corporation must follow.
At The Chouhan Law Firm, LLC, we have a dedicated commercial litigation practice. Our commercial dispute attorneys are skilled and have the legal knowledge to assist you in commercial and corporate litigation.
COMMERCIAL DISPUTES RESOLUTION METHODS
Commercial arbitration is an effective method of dispute settlement between business entities that is well-known for being cheaper, faster, and less formal than other methods.
Georgia’s arbitration act OCGA §§ 9-9-1 allows business owners to choose procedural aspects and prevent courts from interfering. Both parties hold equal rights to present themselves and delegate the right to a third-party arbitrator for dispute resolution.
The arbitral tribunal is independent in its activities but is entitled to follow the arbitration proceedings determined by both parties. The arbitral tribunal can also establish the proceeding terms in compliance with the Georgia Law of Arbitration requirements. Moreover, the court is not allowed to intervene in legal relations of arbitration.
Though arbitration is a good option for commercial dispute resolution, you must find and understand what it is about before proceeding. Hiring a skilled business dispute resolution attorney can help you understand the process’s advantages and disadvantages.
COMMERCIAL DISPUTES ATTORNEY
If you are dealing with a commercial dispute and want to resolve it for good, working with a commercial dispute attorney might provide you with the help you need.
Your attorney can help you understand the case and work out options to resolve your dispute. Contact us for a confidential consultation of your dispute to find out more.