Nobody’s safe from a commercial litigation. We’re all using the services of many companies and we could all be facing a problem with one of them at some point. Actually, we all probably have faced this kind of incident in the past. It may not be easy to know exactly what to do, who to ask and how to resolve this conflict. It could be between two companies who didn’t respect their contract or their agreement, but it could also be anyone who purchases something online and doesn’t receive it in time, for example. Sometimes, it could be tempting to just give up and lose money if the amount isn’t too big, but the amount could be important and the service or the object you purchased could be essential. Lawyers who practice commercial litigation could help you, but here are some steps to avoid their help and how to proceed if it becomes inevitable.
1. Friendly Agreement
For a company or an individual, the first step when you face a commercial litigation is to try to conclude a friendly agreement. Generally, for a small conflict such as a problem with the shipment of your goods, the company will be open to give your money back, send the item again or give you a store credit. They could even give you other advantages depending on the importance of the litigation.
2. Ask a Mediator or a Conciliator
If the friendly agreement doesn’t work, you can always ask a mediator or a conciliator. There are professionals in that field specialized in finding a middle ground. They will probably be able to find a way for the wrongful company to pay back for the problems encountered in a way that satisfies both parts. This third person will be totally impartial and the procedures will be simpler and less expensive than hiring a lawyer.
3. Judicial Procedures
If even a mediator or a conciliator can’t find a middle ground, you’ll have to take legal actions against the company who created the litigation. You’ll have to hire a lawyer specialized in commercial litigation preferably and go to the commerce court. It’s important to hire someone you can trust and that you can afford. These procedures shouldn’t just be revenge. They should get you to have what you didn’t get the first time. That’s why you should always compare the budget required for the legal procedures and the amount you’re asking in these procedures.