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Tuesday, February 9, 2010

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Frequently Asked Questions about Commercial Litigation

Q: How long will the lawsuit take?

A: It varies. The length of time a lawsuit takes depends on a number of factors, such as the complexity of the case, the number of parties involved, the willingness of the parties to resolve the case and the court's schedule. A relatively simple suit, not involving any complex legal or factual issues, could be over in a few months, while a complicated, multi-party suit could take years to resolve.

Q: Who will hear the case?

A: Most commercial lawsuits will be heard by a jury. If the parties agree, a jury may be waived, and the case heard by the judge. The decision of whether to have the case heard by a jury or a judge is a tactical one, and depends on the facts and circumstances of each case.

Every business dispute, however minor it may seem at the time, has the potential to become a troublesome, and expensive, lawsuit. In today's business environment, your best course of action is to have a tough commercial litigation attorney on your side.

At The Mandel Law Firm, we assist New York business owners in breach of contract disputes and other forms of commercial litigation. Our New York commercial litigation attorneys represent clients in business matters from the routine to the complex including breach of contract and other contract disputes, partnership conflicts, business dissolutions, non-compete clauses, and shareholder / business owner disputes.

For effective representation in a business dispute or related matter, call The Mandel Law Firm. Contact a New York City commercial litigation attorney.

Commercial Litigation - An Overview

Commercial transactions and business relationships often go bad and turn into disputes, resulting in costly litigation. Unable to resolve the dispute through negotiations or discussions between the parties, one party may find that litigation is the only way to end the matter. Unfortunately, litigation is often a fact of modern business life. When you are faced with commercial litigation issues, you need the assistance of an experienced commercial litigation attorney.

What is "Commercial Litigation?"

Commercial litigation is a general term that applies to any type of litigation or controversy related to business issues.

The Mechanics of Commercial Litigation

Litigation can be worrisome for businesspeople. The stakes may be high, and the future of your business may be uncertain. Much of the worry is caused by the unfamiliarity of the process. Most people have little or no knowledge of how litigation works, unless they have been through it. An experienced litigation attorney can help you understand the process, and can help you and your business through what can be a difficult time.

Deciding Whether to Sue

Many business disputes end up in litigation, but many others do not go to court. The decision of whether to bring a lawsuit in a particular case is both a legal and a business decision. An experienced commercial litigation attorney will guide you through the process of making this important decision, and help you to reach a decision that best fits your needs.

Alternative Dispute Resolution

Commercial litigation can be very costly, not only in terms of the money that may be expended, but also in terms of the time and energy involved. Consequently, many attorneys and businesspeople have looked for different ways of resolving disputes. An experienced commercial litigation attorney can help you determine if one of these alternative dispute resolution (ADR) methods is right for your case. In some cases, courts have ordered parties to participate in some form of alternative dispute resolution. Whether you are ordered to participate in ADR, or choose it voluntarily, it is important to have capable legal counsel to assist you in the proceedings.

Types of Commercial Disputes

Commercial litigation is an umbrella term that covers a number of distinct business-related issues and disputes. This article provides general information on a number of common commercial litigation situations. Being involved in any sort of commercial dispute can have a negative impact on your business and on your individual livelihood. An experienced commercial litigation attorney can assist you with any of the following issues.

Commercial Litigation Resource Links

Understanding the Federal Courts
Explanation of the structure and powers of the federal courts, and an outline of the procedures followed, from the Administrative Office of the US Courts.

Commercial Law: An Overview
Review of various commercial law topics, sponsored by Cornell University Law School.

American Arbitration Association
Information about alternate dispute resolution, including arbitration and mediation.

Federal Trade Commission
Government website relating to fraud and antitrust law.

Uniform Commercial Code
Text of Articles 1 through 9 of the Uniform Commercial Code (UCC), sponsored by Cornell University Law School.

New York Commercial Litigation Lawyer