Trusted Legal Avice for Commercial Litigation
Commercial disputes are unfortunately a part of doing business. While commercial disputes are not uncommon, it is important to resolve them as quickly as possible. Disputes that drag on for a long time can do a great deal of damage to a business. There are many different types of business disputes and likewise, there are also many ways to resolve them. Below, our Miami commercial litigation lawyer explains what these are.
Common Types of Business Disputes
There are many different types of business disputes that may require commercial litigation. The most common of these are as follows:
- Contract disputes: Contract disputes occur when one or more parties in a contract disagrees with any of the definitions or terms within the agreement. A party may disagree due to vague language within an agreement that creates conflicting expectations. The most common type of contract dispute is a breach of contract.
- Business torts: Business torts are sometimes intentional but they are often due to negligence, or carelessness. These torts are wrongful actions against a business that results in harm to the company. The damages may have been to reputation, loss of profit, market share, or competitive advantage, to name just a few.
- Partnership disputes: Partnership disputes can arise between two or more people who own a business together. The main cause of these disputes are financial issues. Disputes regarding overuse of resources, breach of fiduciary duty, breach of contract, misappropriation of resources, and loss of business opportunities are other causes of partnership disputes.
- Shareholder disputes: Shareholder disputes can arise when shareholders take issue with how a business is being operated. Shareholders may also disagree with decisions the board of directors made or differences in compensation.
Landlord/tenant disputes: Commercial landlord/tenant disputes are typically caused by the signing of a lease without legal representation.
How to Resolve Business Disputes
Commercial litigation is sometimes necessary to resolve business disputes. This requires all involved parties going to trial and arguing their case in front of a judge. The judge will then make all final decisions and issue orders that are final and legally binding. Litigation is the lengthiest and most costly way to resolve business disputes.
Alternative dispute resolution methods are often very helpful when resolving business disputes. The most common of these are mediation, arbitration, and pre-trial negotiation. During mediation, all disputing parties will meet together with a mediator who will try to foster compromise and communication to resolve the dispute. Mediators do not make any final decisions or provide legal advice.
During arbitration, all disputing parties meet with an arbitrator. Arbitrators are not judges, but they have a similar role. Arbitrators will listen to all sides and make a decision that is final and legally binding. Lastly, your lawyer can negotiate with the attorneys representing all other parties to reach a settlement that is favorable to all parties.
Our Commercial Litigation Lawyer in Miami Can Help Resolve Your Dispute
Although litigation may be necessary to resolve your dispute, there are other methods that can save you and your business time and money. At Jimenez Mazzitelli Mordes, our Miami commercial litigation lawyer can advise on what those are and help you through any process necessary so you obtain the best possible outcome. Call us now at 305-548-8750 or contact us online to schedule a consultation and to learn more about how we can help.
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