Commercial Litigation Solicitors

In its simplest and most straightforward terms, commercial litigation is a legal dispute where one or more of the parties involved is a business entity or corporation, rather than individuals acting in a personal capacity. Commercial litigation cases can be notoriously complex, given the scale that’s often involved. Partnership disputes, contractual disputes, property disputes and other types of business disagreements can often end up forming the basis for commercial litigation cases.

There’s a variety of different methods that commercial litigation solicitors often employ to resolve commercial disputes. The four main ones are negotiation, mediation, arbitration, and court litigation. We’ve outlined a brief explanation of each one below.

Negotiation

Most commercial disputes can be resolved quickly and privately through negotiation, which may happen at any stage in the litigation process. It’s often conducted by a solicitor on their client’s behalf, normally through written or phone communication. However, it can also happen through a face-to-face ‘round-table’ meeting between the interested parties and their lawyers.

Mediation

A common resort for commercial disputes, and one that many people find highly effective. It involves all parties and their lawyers meeting with a trained mediator, who can act as a neutral third party to help try and broker a settlement.

Arbitration

Often used where the parties cannot agree on a settlement, but still want to try and avoid the time, cost and publicity that can be associated with going to court. The arbitrator can be appointed by either the parties themselves, or a professional body they’ve both agreed on. Before the process begins, all parties must agree to abide by the arbitrator’s decision. The arbitrator will then hear evidence and make a legally binding decision.

Court litigation

Typically, a last resort for commercial litigation. When the parties involved have been unsuccessful in reaching a resolution by all other measures, they’ll typically turn to court proceedings to resolve their dispute. A hearing date will need to be set, and both parties will subsequently need to prepare their cases with support from their respective legal teams. Solicitors can choose to represent their clients in court if they have the relevant qualifications. Otherwise, a barrister will need to be retained.

There are a couple of differences, but the most crucial one is that a civil dispute generally involves people who are acting in a personal capacity, whereas in commercial litigation, at least one of the parties involved is a business entity. Commercial litigation cases often tend to be more complex than civil cases, especially since there’s usually a greater number of stakeholders involved.

A commercial litigation lawyer’s primary goal is to resolve a client’s case in the most efficient and cost-effective way possible, minimising any impact on the company’s finances, time, and reputation. To do that, they’ll begin by assessing the background and circumstances of the client’s case, using that information as the foundation of a strategy they feel will lead to the best outcome. The main aim is to produce a solution that pleases all parties. They’ll also finalise agreements and ensure that all legal documentation is correct, in order, and legally binding.