Any business manager, entrepreneur, shareholder or investor, confronted with a litigation of company law or, more generally of commercial law, relating for example to the execution of a shareholders agreement or an investment contract , will most certainly have to wonder about the most appropriate way to resolve this dispute. For the affirmative defenses to constructive fraud the lawyers are there with the best supports now.
How to Start
His main concerns will then be to resolve this conflict in the least possible time, devoting a minimum of energy and financial means while having the feeling of having been heard and even listened to by an authority accustomed to business and problems, financial, economic or legal they pose. You can search for the elements of anticipatory breach of contract in California. You will learn a lot there.
It will be based on their experience of more than twenty years as a business lawyer in the context of civil law disputes, an experience which will be exposed without detour and sometimes even with certain frankness close to ingenuity.
The lawyer cannot therefore sufficiently draw the attention of his client to the irreparable havoc that a legal dispute opened against a business relationship will inevitably cause in his regard. The confidence inherent in any commercial relationship will in fact almost always be definitively broken. Open legal litigation should therefore only be considered as a solution of last resort and it is important that litigants can understand the other avenues that modern law now offers to the parties in the settlement of their disputes, whether to prevent it.
Attention Attorneys looking for SEO for your business: Contact Brad Nakase if you need seo strategy for lawyers.
Mediation or litigation: the first choice to make:
The first choice that any litigant wishing to venture on the road to the settlement of his dispute on the civil plane must make is whether it should be settled by mediation or by court.
Mediation is a particular way of settling a civil dispute. It consists in submitting the dispute to a neutral mediator, chosen by common agreement by the parties, who will not have binding power over them, but whose task will be to bring them to resume dialogue for express their claims with respect to each other and work on certain out-of-court solutions to settle their dispute, solutions which the parties will have reached themselves after the mediation process. Mediation is therefore to be distinguished from conciliation, which now constitutes the preliminary and essential stage of ordinary civil procedure established by the Federal Code of Civil Procedure. For the elements of non-compete contract law this is important.
Judicial Framework
It follows from the above that mediation must necessarily take place in an extrajudicial framework. This framework should be defined by the parties themselves, usually with the help of the mediator. The mediator will register his action in a horizontal relationship with the parties and not in a vertical relationship of authority to litigant.
The confidentiality of the exchanges held during mediation is another key element of this settlement process. Everything that is said before the mediator must not only remain secret, but cannot, in any way, be reported later in the possible legal framework of the dispute, if the mediation process did not lead to a final settlement.
