Commercial litigation is a broad term which addresses litigation in the business context which includes breach of contract, business torts, fiduciary/shareholder litigation, UCC, civil theft and others.

Yes, alternative dispute resolution includes mediation, arbitration and informal settlement discussions. Often times these techniques are used before or during litigation to try to resolve matters which have proceeded to a certain point which allows the parties to better assess and understand each other’s potential claims, defenses and exposure.

People often underestimate the expense, time and effort that is required to litigate complex business issues. Very few business litigation matters get to trial. Those who do get to trial often take several years to resolve due to complex discovery issues, appeals or other procedural and scheduling matters. Getting the case to judgment does not equate to obtaining relief. Many times, a judgment is difficult if not impossible to collect. Post-judgment collection procedures can often be as difficult, time-consuming, and expensive as getting a case to trial. However, despite these issues, many cases do resolve while a case is being litigated, through informal settlement discussions, mediation, or other summary proceedings.