Frequently Asked Questions About Commercial Litigation

There are many frequently asked questions about commercial litigation that business owners may have. This article brings together six of the most popular questions when it comes to commercial litigation, providing informative answers to expand your knowledge. Read on to find out more about this multifaceted topic.

What is Commercial Litigation?

Commercial litigation occurs when negotiations fail and issues have to be brought before a court under proceedings generally termed commercial litigation. The commercial term points to business litigation as opposed to personal. Whether for personal or business issues, having a trustworthy lawyer to represent you is crucial.

How Can My Dispute Be Resolved?

It’s important to keep in mind that court proceedings can be costly. If there is a way to avoid commercial litigation, then you should seek it out first. Ask your commercial lawyer for advice on mediation to see whether the dispute could be resolved for a lower financial investment. If mediation fails, then your commercial lawyer can advise you on how to proceed with commercial litigation.

 What is a Breach of Contract?

Sometimes, a business issue and hence commercial litigation can arise due to a breach of contract. This means that one party has not performed a certain service or delivered a product on time, has not performed as per the stipulations of the contract, or has failed to do anything that was expected of them. Often these kinds of breaches initiate a case of commercial litigation, as companies seek to recover what is theirs or what has been promised to them.

Is There an Alternative to Commercial Litigation?

There is not just one way of doing things when it comes to legal issues. Before you jump straight into commercial litigation, you may wish to explore other options for resolving your legal dispute. Alternative Dispute Resolution (ADR) is a broad term that encompasses a range of mediation options that you can try before initiating commercial litigation.

What Do I Do If I Am Being Sued?

Usually if you are being sued, you will at some stage be served with a complaint. Ensure you note down the time and date of this complaint being served to you, as you only have 28 days to file a defence. There may be negative consequences if you do not respond to the complaint, so as soon as you receive it, contact a commercial lawyer for help and guidance through the process of commercial litigation.

Why Do I Need a Lawyer for Commercial Litigation?

The first reason you need a lawyer for commercial litigation is that they will have expert knowledge on issues relating to business litigation, which can help you to stay focused on your business while they deal with the legal stuff. The second reason you need a lawyer is that they can advise you on whether commercial litigation is the right option for you, or whether some kind of mediation may be more appropriate. Thirdly, a lawyer can help protect your business interests during the process of commercial litigation.