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What to expect when involved in commercial litigation
May 24 2018 On Behalf of David M. Duree & Associates, P.C. Business And Commercial Litigation
When it comes to running a business, there is so much to do. You will have daily responsibilities that take up most of your time. Even with a large number of employees, you could still run into issues that you will need to handle yourself. One such issue is that of commercial litigation. Here’s what to expect when your company is involved in business and commercial litigation in O’Fallon, Illinois.
Once the complaint is filed in court, both sides will begin the discovery process of litigation. This is when both sides will ask each other questions about the issue at hand. The answers must be given under oath, either during a deposition or in front of a judge in a courtroom. Both sides are also allowed to request various documents from the other. This stage of litigation can last quite some time.
For the most part, the judge presiding over your case will force you to try to resolve it using mediation. This is where a third-party will mediate a discussion between the two sides. The mediator makes no decision regarding the case. He or she only helps guide the two sides towards a mutual agreement.
If mediation does not work both sides will then head to a court trial. Motions can be filed to have the case thrown out, but this hardly works in commercial litigation. The trial phase will lead to a judgment and then collection on the award issued by the judge who presided over the case.
Now that you know what to expect when your company is faced with commercial litigation in Illinois, you can prepare for the situation as best as possible. This will make it easier on you, your employees and your legal team.