If you’re having a business dispute in Massachusetts, you might be wondering when to litigate or when to settle with the other parties. Litigating versus settling business disputes involves strategic analysis of the case and the applicable law. Moreover, you need to assess your negotiating position and potential settlement amount to determine whether settlement makes sense at this point in the case. Your business lawyer can assist you in determining where you stand.
What Is Business Litigation in Massachusetts?
Business litigation is the process of resolving disputes involving businesses through lawsuits filed in court. Sometimes the disputes are between two or more businesses, and sometimes they are between businesses and individuals. In Massachusetts, this includes civil lawsuits that state or federal courts adjudicate.
Typical business litigation issues include:
- Breach of contract
- Partnership or shareholder disputes
- Intellectual property disputes (trademarks, copyright, licensing, patents)
- Business torts, like interference with contracts or stealing trade secrets
- Employment disputes (especially for executives or key employees)
- Fraud, misrepresentation, or unfair business practices
What Is Business Dispute Settlement in Massachusetts?
Some business owners don’t want to deal with the potential time and cost of litigation. Sometimes maintaining business relationships rather than filing a lawsuit is preferred. Settlement of business disputes is a process that focuses on resolving business conflicts rather than, or alongside, traditional litigation.
For example, you and your business lawyer might reach out to the other business to see if you can reach an agreement that resolves the dispute without the need to file a lawsuit. Alternatively, if you do file a lawsuit, you or the other party might make a settlement offer at some point before trial. Moreover, many courts now encourage parties to use alternative dispute resolution, such as mediation, before they reach trial.
In some cases, the parties have already agreed to arbitrate all business disputes. Typically, an arbitration provision is part of a contract that the parties signed at the beginning of their relationship. Make sure you provide any contracts that relate to your dispute to your Massachusetts business lawyer. Your lawyer can analyze the contracts to see if they contain arbitration clauses that could affect your case.
Choosing Between Litigation and Settlement in Massachusetts
As explained above, you don’t necessarily have to choose between filing a lawsuit and seeking a settlement. You can do both, and courts often encourage those involved in a lawsuit to discuss a settlement. Some reasons to file a lawsuit include:
- You can seek a court order that stops conduct harming your business or requires someone to take action
- You could receive a favorable ruling that could help you if similar disputes arise in the future
- A lawsuit provides peace of mind that your dispute will be decided fairly and in accordance with the law
- Your business could receive damages to make it whole
- If previous settlement attempts or mediation have failed, it provides an avenue to have your dispute resolved
Some reasons to seek a settlement instead of filing a lawsuit include:
- You may save time and money
- You get to negotiate directly with the other party to your dispute
- You decide what a fair settlement would be
- You can come up with creative solutions that wouldn’t be available in court
- You can preserve business relationships
- Your settlement can be confidential
We highly recommend that you hire a business lawyer to handle your Massachusetts disputes, whether you want to settle or file a lawsuit. A lawyer can talk you through solutions for the unique facts of your dispute and review your contracts for provisions that may affect your case.
Frequently Asked Questions About When to Litigate
Does your law firm work with small businesses?
Yes, Daigle Law Office often handles matters for small businesses and their owners. We deal with business disputes, business formation, business bankruptcies and closings, and bankruptcy for business owners. Please give us a call for assistance.
Business Dispute Questions? Let Us Help
Are you looking for a dependable, experienced lawyer who can advise on your business dispute? Daigle Law Office’s attorneys can provide you with experienced Massachusetts business dispute help. It’s not easy to deal with business disagreements, especially when they affect your bottom line. We help clients dealing with tough situations who need solid, reliable legal advice. To schedule a consultation, call 508-771-7444 or use our convenient Contact Form.
