Civil litigation is a legal dispute involving two or more parties seeking money damages or some specific performance other than criminal sanctions. They must head to the courtroom for trial so a judge or jury can decide the matter.
O. Michelle Law Group specializes in civil litigation. While many civil lawsuits are settled far in advance of trial, you want to make sure you are getting a fair deal. Our civil trial attorneys have extensive experience in matters of civil litigation. We conduct a thorough investigation of the claim at the outset to give you the greatest leverage possible in moving forward with your claim.
Some of the key civil litigation practice areas on which we focus includes:
- Commercial Litigation
- Landlord Tenant Disputes
- Quiet Title Actions
- Fraud and Deceptive Practices
- Wage Theft
ARBITRATION IN CIVIL LITIGATION
Arbitration and mediation are alternatives to litigation, and are increasingly used in business and labor disputes.
Generally, these processes may be more advantageous to businesses or large organizations, although there are sometimes benefits to both sides. The two terms are often erroneously used interchangeably.
Mediation is when a neutral third-party hears a dispute between two or more sides and then attempts to help those parties settle issues without actually judging the merits of the case.
Arbitration, meanwhile, more closely resembles litigation in that a neutral third-party hears disputes and arguments, and then imposes a final and binding decision based on the merits. This decision is enforceable by the courts. In most arbitration cases, those involved agreed to have the dispute settled in that forum before it ever arose (i.e., an employment contract or lease agreement).
Both processes are fairly quick and private, and are usually less formal than those proceedings carried out in a courtroom. Costs are generally lower as well, but so too are the overall damages meted out when negligence or wrongdoing is established.
Additionally, most arbitration decisions are non-appealable, unless an appeal option is included in the arbitration clause.
If arbitration is not to your advantage, there are some cases in which arbitration agreements or mediation clauses may be challenged and deemed unenforceable. It’s important to consult with an experienced attorney as soon as possible to discuss your claim.