Commercial litigation is the process of resolving disputes between two or more parties through legal action. It can involve anything from contract disputes to intellectual property infringement and will typically take place in court or through arbitration.
The process of commercial litigation is complex, and it’s essential to understand each step if you’re intending to launch litigation against someone or have found yourself being embroiled in litigation. To ensure that you’re adequately prepared for any eventuality, it’s crucial to partner with commercial litigation lawyers who can provide advice, guidance and support throughout the entire process. This article will take a look at the process of litigation as well as how a commercial litigation lawyer can help you navigate the process.
The Pre-Litigation Stage
This stage involves gathering evidence and researching various aspects of the law to determine whether there’s a case for pursuing legal action. During this stage, both parties will typically have their own commercial litigation lawyers who will advise them on their best course of action. It’s also important to consider whether alternative methods such as mediation would be more suitable for resolving the dispute before taking it to court. Generally, clients are advised to solve these kinds of matters out of court, as litigation can be costly and extremely time-consuming. However, if one party sees no other way forward but to pursue litigation and there’s a case to be made, they will move on to the next stage.
The Discovery Stage
This is when both parties exchange documents related to their dispute and conduct interviews with witnesses and experts. This phase allows both sides to get an accurate understanding of all facts related to the case so they can prepare for trial. During this stage, commercial litigation lawyers may also attempt to negotiate a settlement agreement if they believe that one party has a strong enough argument or evidence against the other party.
The Trial Stage
This is the stage where both parties present their arguments in court before a judge or jury. During this phase, the lawyers for each side will make their case and attempt to prove that the other party is at fault or doesn’t have sufficient evidence to argue their case. It’s important that both sides have thoroughly prepared their arguments and evidence prior to this stage, as it can be difficult to recover from any mistakes made during the trial. Commercial litigation lawyers are especially important at this stage, as their expertise and knowledge in the legal field can help clients avoid errors in the courtroom. After both sides have presented their evidence, the judge or jury will decide who is right and issue a verdict.
The Post-Trial Stage
This involves filing any necessary paperwork and appeals as well as negotiating any settlement agreements that a judge has deemed necessary. This stage can also involve collecting any damages awarded by the court if applicable. If either party wishes to challenge the verdict, they may file an appeal with a higher court. However, success rates for appeals are generally quite low, and litigants in Victoria have only 28 days to file an appeal after a verdict has been reached.
Overall, commercial litigation is a complex process that requires careful consideration from both parties before embarking on legal action. It’s important to understand each step of the process so you can be prepared for whatever comes your way. However, with experienced commercial litigation lawyers by your side, you can ensure that you’re doing everything you can to secure the best outcome throughout the entire process.