Running a business means dealing with a whole range of issues, but few issues are as long-lasting and impactful as litigation.
Battling – or initiating – a lawsuit can take months, if not years. But with the help of an attorney who’s skilled in the practice of commercial law, you can successfully litigate these matters, or avoid them altogether.
Read on to learn more about the world of commercial law.
Most lawyers reject, instinctively, mediation clauses in contracts. We believe that the well-settled rules of contract law as augmented by the applicable rules of procedure are the sure and safe means to fully protect a client when a contract goes bad and litigation becomes inevitable.
Unlike arbitration, mediation is non-binding, until its end product – a settlement agreement is reached. Only then does it become binding and enforceable. It is that uncertainty, its unbinding attributes, which causes attorneys to be hesitant, if not hostile, to the mediation process. This includes the attorneys in Doylestown at Benner & Wild.
Simplistically, mediation is structured negotiation. Its goal is to help parties resolve that dispute. Litigation has the same goal. The difference is that litigation represents the failure of negotiation because the litigants effectively admit that they cannot agree to a means to settle their differences and look to a judge and/or jury to settle the case for them.