Business Litigation FAQ

San Jose Business Litigation AttorneySan Jose Business Litigation Attorney Addresses Litigation FAQ

People who are engaged in a business dispute often have questions for their San Jose business litigation attorney about what to expect during the business litigation process. In order to better assist our clients, we have provided some answers for the most commonly asked questions we encounter at the Costanzo Law Firm.

1. What is the general process for a business dispute?

Business litigation matters generally follow the same procedure as other civil suits. You would first start by retaining an attorney, who will then file any pretrial motions, try to negotiate a settlement, take the case to trial and appeal if necessary.

2. Is there a different process that avoids litigation?

Businesses sometimes opt to try an alternative dispute resolution process, such as mediation or arbitration, to resolve their differences. These methods are often quicker and less expensive than a protracted litigation through court.

3. How do mediation and arbitration differ and are the results binding?

In mediation, you and the other party will meet with a neutral facilitator who is trained to help facilitate an agreement. If one is reached, it will be documented in an agreement and the case will be over. Mediation is not binding and either of you can proceed through court if you are unhappy. In arbitration, you and the other party will each present your side to a neutral third party called an arbitrator. The arbitrator will then render a decision which is generally binding.

4. Is it possible to appeal mediation or arbitration results?

Since mediation is already not binding, there is no need to appeal it. Instead, you can take the matter through court. The ruling issued by an arbitrator is generally binding and not subject to appeal unless you and the other party have agreed to allow appeals prior to entering into arbitration.

5. What are class-action lawsuits?

In cases where a large number of people have been harmed, courts may allow the cases to proceed as a single class-action lawsuit, in which the group is represented by one or two named plaintiffs instead of each individually litigating the case.

6. Are businesses ever able to join a class action lawsuit as a plaintiff?

Businesses that have suffered the same type of harm as other class members may also join the class as a plaintiff.

7. How are legal fees paid in a class action lawsuit?

Legal fees are normally assessed on a contingent basis in a class action lawsuit. This means that the attorney will only get paid for their work upon obtaining a successful result. These arrangements are used due to how expensive class action cases are.

Contact a San Jose Business Litigation Attorney

If your business is engaged in a dispute, you may need legal help from a San Jose business litigation lawyer to resolve the matter. To speak with a San Jose business litigation attorney at the Costanzo Law Firm, call us today at (408) 993-8493.

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