Understanding Business Litigation: Do You Have to Go to Trial?
When you establish a contract with another party, you hope that everything will go smoothly. You may both agree with the terms at the time, but what happens if the other party breaches the contract or voices disagreement? Contract disputes can occur because one party was malicious and broke the contract or misinterpreted the contract terms. If there is a breach of contract, does your company have to go to trial? At Hoegen & Associates, P.C. we have a Commercial Litigation lawyer DelCo PA who will help answer all your business litigation questions. In the meantime, here are a few general information that will help you understand business litigation.
Discuss a Settlement
You can sit down in arbitration or mediation to discuss settlement arrangements. Initially, you may contact the other party to discuss the breach of contract. There are two types of contract breaches. One is a material breach, where one person or institution does not perform his or her duty. The other type of breach is a minor one. It is an immaterial breach where the core of the contract did not change.
In a material breach, you can demand damages before you file a lawsuit. Once you file a lawsuit, you may be able to go to mediation to discuss the contract. You can solve a contract dispute by discussing a way to complete the contract or asking for damages.
Most contract disputes do not go to trial. However, if you choose to go through mediation, you and your lawyer can show up for the meeting. In this meeting, you and the other party will discuss the contract and a variety of solutions. If you can come up with a solution on your own, then you may be able to avoid a trial. However, your lawyer will always be prepared to take it to court.
Go to Trial
In most cases, a trial is the last resort. Most companies do not want to pay extensive legal fees or draw a dispute out longer than necessary. But, unfortunately, you can’t always avoid a trial. If no one can agree, then you may need to stand before a judge. If you go to court for a breach of contract, you typically ask for damages to be paid. For example, if you lost money because of the breach, you can demand payment.
When it comes to your business dispute, consult with Hoegen & Associates, P.C. as soon as possible. Our Commercial Litigation lawyer DelCo PA will work hard to keep you from having to go to trial. However, even if you do need to go, you know you’ll have someone to fight for your case.