佛罗里达州常见的商业纠纷类型
Business disputes can involve anything from 违反合同 to disputes arising from mergers or infringement of trade secrets. Below are some of the more common types of disputes that most businesses encounter at some point.
违反合同
A 违反合同 is a 商业纠纷 that arises when a contracting party fails to do something under a contract or breaches the terms of the contract. Contracts are a common feature of any business operation and, as such, 违约也很常见. They can involve consulting contracts, contracts for goods and services, and partnership agreements.
Partnerships
伙伴关系纠纷 often arise where partners disagree on what's best for the business or how to proceed in relation to a specific issue, 比如利润分割. They can also involve a breach of fiduciary duty where one party acts against the interests of the other in breach of a partnership agreement.
知识产权
知识产权法 protects creators' rights in their original work. Business disputes can arise over who owns the intellectual property in a particular work or alleged copyright, patent, 或者商标侵权.
就业法
劳动法纠纷 involve both internal conflicts such as harassment, 歧视, and wage disputes as well as conflicts with former employees, 例如不公平解雇或违反 竞业禁止协议.
How Are 商业纠纷 in Florida Prevented?
There are several ways to help minimize the risk of becoming involved in a 商业纠纷.
有效合同草案
One of the best ways to head off any future disputes is to ensure you have effective, 有法律约束力的合同. A 商业纠纷律师 can draft carefully written, clear, and specific contracts for your business.
尽早寻求建议
If you are unsure about how to approach a complex issue or if you have a gut feeling that something is not right, 向专家寻求建议。 业务的律师 马上. Obtaining legal advice at an early stage on how best to proceed helps you to avoid a 商业纠纷.
文档的一切
It is best practice for a business to keep a written record of important documents or events in case a dispute later arises. 这包括保留所有电子邮件的副本, contracts, 会计信息, 贷款文件, file notes, 会议记录. A 商业诉讼律师 can assist you with developing a good document retention strategy and system.
佛罗里达州的商业纠纷是如何解决的?
在上法庭之前, the parties may attempt to resolve an issue via alternative dispute resolution (e.g.(谈判、调解或仲裁). This can save the parties significant amounts of time and money.
Negotiation
During a negotiation, the parties discuss the matter to try and resolve it amicably. 而谈判是一个更非正式的过程, 商业纠纷律师s will often be involved because they have skills that allow them to effectively navigate the process.
Negotiation is the most cost-effective way to resolve a dispute. Negotiation avoids more formal processes that require the involvement of external parties.
Mediation
In a mediation, the parties discuss the matter with an independent mediator to try and find a mutually agreeable solution to the issue. The process results in a mediation agreement, which the parties must follow.
Arbitration
在仲裁期间, an arbitrator (or panel of arbitrators) hears each party's case and decides the matter.
The contract often determines if arbitration is available to the parties in their specific situation. If there is an arbitration clause, the parties may be barred from going to court.
Litigation
作为最后的手段, if parties are unable to otherwise resolve their dispute, 他们可以向法院提起正式诉讼. This involves one party filing a civil complaint against the other and the matter is eventually heard before a judge and jury who then give their verdict.
Litigation can be drawn out, costing the parties significant amounts of time and money. The parties are typically represented by their respective 商业纠纷 attorneys.
Contact a Business Dispute Lawyer in Miami-Dade Today
Litigation is not the only method of resolving a 商业纠纷, and besides, 如上所述, it is the most time-consuming and costly method. Many parties to a 商业纠纷 are able to negotiate and compromise via a settlement process. 有时，可能会诉诸仲裁. 在艾伦·雷斯尼克律师事务所，P.A, our 商业诉讼律师 represents clients who want smart, 商业纠纷的机智解决方案. Contact us today either by filling out the online form or calling us at 305-672-7495 安排免费电话咨询.