In part one of this two-part series, the Miami contractor attorneys at Cotney Construction Law introduced two important components of the litigation process: pre-trial and trial. Working in an industry like the construction industry, which is plagued by financial- and work-related disputes, all contractors should be familiar with litigation proceedings and how to best prepare themselves to reach a favorable outcome in a court of law.
Now, we will discuss the final leg of the litigation process, the post-trial proceedings, and offer some alternatives to litigation. Even when a Miami contractor attorney helps you prevail in your trial, you can count on an appeal, which is why you need to work with an attorney who understands that pre-trial and trial proceedings are two pieces of a three-piece puzzle. That last piece, and it’s a vital one, is post-trial. At Cotney Construction Law, our attorneys will take you through the entire litigation process until a final, binding verdict is achieved.
Once you prevail in court, there’s still a chance that your dispute will continue in the form of an appeal. If an appeal is taken, the case may be reviewed and reopened. This isn’t always the case because the judge may choose to not stay the judgment, but it occurs quite often. Following trial, you should always be prepared for one last courtroom battle before you can proceed with your life.
The result of an appeal is typically predicated on briefs or oral arguments. Once both sides have presented their case (again), a new judgment will be rendered on the appeal and later enforced if there is no need for supplementary proceedings. If you are currently involved in a construction-related dispute, consult a Miami contractor attorney to see if litigation is the right option for your case. If it’s not, there may be other informal means of reaching an amicable resolution, such as through the use of mediation or arbitration, as we will discuss below.
Litigation Alternatives: Mediation and Arbitration
Just because a dispute arises doesn’t necessarily mean that litigation is the only option for resolution. Alternative dispute resolution (ADR) processes, like mediation and arbitration, can also be effective for resolving a dispute. These processes benefit from a more informal setting, increased privacy, and decreased animosity between parties since these processes aim to find a balanced and mutually agreeable solution, rather than a clear “winner.” The major difference between these two processes is that arbitration results in binding verdicts, whereas mediation typically does not. For assistance with ongoing or future disputes, consult our Miami contractor attorneys to see which method of dispute resolution is best suited for your business.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.