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- Disputes
The term "disputes" broadly covers all kinds
of disagreements between two or more parties. Settlement of
such disputes before they escalate into full blown litigation is
far less costly and avoids the inevitable stress associated with
litigation. Negotiations in good faith will often work.
The next step is mediation. The involvement of an attorney
can often put some distance between the parties so that reason can
prevail over emotions.
- Litigation
When disputes are not resolved amicably,
they move to the courts where litigation ensues. Litigation
can be very costly and time consuming. Once the litigation
process begins, attorneys are most often needed. In fact,
when litigation involves a business entity, the entity must be
represented by an attorney. During the initial phase of
litigation, "discovery" commences. This allows both sides to
obtain from the other all relevant facts, including documents and
depositions of the parties and witnesses. After all
discovery and all motions have been filed and heard by the court,
a trial takes place. Some trials are "bench trials," meaning
a judge decides the outcome. Other trials are by jury,
meaning a panel of jurors decides the outcome. Following the
trial, either side may appeal.
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