Buffington Law Firm's business litigation trial lawyers are often asked about the pros and cons of arbitration as compared to litigating a matter in court. In this article we will examine some of the factors regarding arbitration as a means of dispute resolution.
Buffington Law Firm's business trial attorneys have broad experience in handling many types of breach of contract and other business disputes. In Part 1 of this series we discussed the importance of ensuring that a business contract sets realistic goals for the parties, rather than "aspirational" goals which are realistic only in a perfect world. In this second installment, we discuss the increasingly common problem of business transactions for which the parties draft no contract at all. It may seem odd that a six or seven figure venture, agreement, or transaction would be carried out without a written contract. In the real world, it happens. Perhaps most often this sort of transaction occurs between family members who "trust one another." Other times the parties simply never get around to finalizing the contract in the midst of all of the activity getting the venture or transaction up and running. Just as "good fences make for good neighbors" a good contract that spells out the rights, duties, and the contributions of the parties can avoid disputes and keep the parties out of court. Few things are nastier than a business dispute between angry family members.
Buffington Law Firm's business litigation team has represented numerous clients in business disputes involving family members. Business transactions between family members has become a common source of business litigation lawsuits in California. These lawsuits frequently derive from situations where several family members contribute large amounts of cash to a business venture being proposed and created by a relative.
In our three practice areas, business litigation, trust litigation, and real estate litigation, cost-benefit considerations are always paramount. Whether we are defending our client against such a lawsuit, or bringing a lawsuit to enforce our client's rights, cost always has to be a factor. Few clients have unlimited litigation budgets; nor should they.
In last week's Blog article we discussed the nature of arbitration and briefly touched upon some of the pros and cons of arbitration as an alternative to litigating a business litigation case in State or Federal Court. In this follow-up article we will discuss the pros and cons of arbitration at greater length.
In this brief Blog article we will discuss one of the most critical decisions in business litigation -- the decision whether to go to trial or settle the case. This issue is just as critical in the context of trust litigation. This question is always an interesting dynamic in litigation, in part because the decision to settle the case is always, without exception, ultimately a question for the client to decide.
Formal mediation can be an effective tool in business, trust, and real estate litigation. In business litigation, Mediation is essentially a process in which the parties attempt to conclude a settlement of their lawsuit before the trial date without going to trial. In mediation the two sides agree on a mediator (often called a "neutral") who will attempt to stand between the two sides and help them settle their case. Usually a mediator will be a retired Judge, or in some cases an experienced attorney trained and experienced in mediation.
In many business litigation, real estate litigation, and trust dispute cases, in many circumstances it is more cost-effective to settle a case as opposed to taking the case all the way to trial and verdict. The factors that determine this decision are complex, and in this short Blog article I will try to present an overview of some of the factors that determine whether settlement is a good option in business litigation.
In last week's business litigation Blog, we talked about some of the dangers of email in business litigation. Buffington Law Firm's business litigation trial lawyers have noted a trend in recent years whereby email between the parties of a breach of contract or other business dispute has become a key source of admissible evidence at trial. In numerous breach of contract lawsuits that I have personally taken to trial, it was clear that the email between the parties was the most important and usually the decisive evidence in the trial.