Results-Oriented Litigation And Dispute Resolution Representation
Murray & Craven, L.L.P., handles a broad and diverse range of general business and individual litigation matters in federal and state courts, as well as in administrative and arbitration forums. We represent clients as plaintiffs and as defendants in commercial and individual cases and suits. The firm’s general civil litigation matters typically include:
- Arbitration matters
- Business torts
- Commercial litigation
- Construction disputes
- Contract disputes/breach of contract
- Insurance claims and coverage disputes
- Estate litigation
- Property damage claims
- Personal injury
- Trials and appeals
The firm understands the frequently excessive cost of litigation, in terms of money, resources and energy. We also understand the inherent risk in litigation and trials. We work hard to monitor these factors, and conclude disputes as early and as favorably as possible.
Definitions And Methods Of Dispute Resolution
“Litigation” means the process by which disputes are resolved in our court or government administrative agency systems. “Civil litigation” means the resolution of noncriminal disputes between people and/or businesses, through the court system. Examples of civil litigation include disputes over money or property.
Civil litigation includes disputes where someone has been harmed by another’s wrongdoing or wrongful act, and a lawsuit is filed. For example, personal injury or wrongful death lawsuits claiming damages caused by another’s negligence or wrongdoing in the operation of a car and related automobile accidents; through nursing home or other medical negligence; and in slip-and-fall accidents. Civil litigation also includes claims and disputes over product liability (defective products like certain drugs, machinery, etc.), and other wrongful acts. Also, a lawsuit to recover for economic injury caused by another’s wrongful acts would fall within the realm of civil litigation.
Civil litigation also includes business and/or contract-related disputes, such as disputes over a person’s or business’s failure/refusal to perform contractual obligations or other agreements. These kinds of disputes might be related to the construction or remodeling of a person’s home or businesses. Or, they might be as simple as someone’s failure/refusal to pay money owed on an account. Contract law is the part of civil law that interprets written contracts between parties and resolves any disagreements. Contract law is the basis of all commercial dealings from buying a bus ticket to trading on the stock market.
The Time Factor
All civil actions are subject to statutes of limitations. This means that, after a certain amount of time, the case cannot proceed in court, or brought to trial, regardless of how good a case it was. If you think you have a potential claim, you should take immediate action and consult an attorney.
Negotiations, Mediation, Arbitration Or Litigation?
Litigation is not usually the first choice for resolving a dispute. Aside from simply settling your case through negotiations, there are two primary options for dispute resolution techniques: arbitration and mediation. Arbitration is the reference of a dispute to one or more independent third person(s) who hear the parties’ sides of the case and make a decision, much like a judge would. Sometimes the parties have agreed In advance to be finally bound by the arbitrator’s decision, preventing either party from proceeding in court.
Cases that are arbitrated are generally resolved faster than conventional lawsuits because there is less bureaucracy and court congestion is not a problem; however, arbitration can sometimes be a disadvantage because of the limited preparation time and limited ability to investigate and review the other side’s documents and key information. Contracts often contain arbitration clauses, limiting the parties’ right to pursue one another in court for wrongdoing. Sometimes these clauses attempt to force parties to arbitrate in another city or state. You should be very careful when signing contracts, to ensure that, if an arbitration clause is present, it is likely to be in your best interest.
Mediation is an informal, voluntary process in which a mediator helps to negotiate a mutually acceptable resolution between disputing parties. Unlike arbitration or litigation, mediation does not force a solution and is not binding. If the parties cannot negotiate an acceptable settlement, they may still arbitrate or litigate their dispute.
Get Clarity And Get Your Case Underway
Common sayings such as “knowledge is power” and “time is money” take on fresh meanings when you have much at stake in a legal dispute. Murray & Craven, L.L.P., has earned a strong reputation for delivering cost-effective results for our clients who require guidance toward dispute resolution. To schedule a consultation, call 910-483-4990 or send us a quick email message. We look forward to helping you devise an effective strategy.