Finding Solutions, Our Litigation Philosophy
When you have a serious legal issue that seems destined for a lawsuit, here’s the one thing you need to hear from your attorney: “We will tell you the truth even if it’s unpleasant.” That’s hard for a lot of lawyers to do because the last thing a client wants to hear is, “You don’t have a case,” or “it’s time to pull the plug and walk away,” or “It’s not worth the expense just to be proven right.”
I have the knowledge and experience to get you, your family, and your business through the most contentious controversies. The kind that can crop up almost anytime and anyplace to business owners of all ilk. The kind that threatens to derail your successful business. Issues like:
- Breach of contract
- Partnership/Shareholder disputes
- Contractor-subcontractor disputes
- Employee issues
- Frivolous claims
- And many more.
In business there is seldom a minor dispute. Minor disputes have a way of becoming serious disputes – even when they appear resolved – when they are not addressed early and properly. Talk to me . . . now. Don’t wait, contact The Law Office of George W. Svoboda as early as possible. I will listen, I will advise, I will guide you through every possibility. I will tell you the truth.
Mediation, Arbitration or Litigation?
There are three paths to resolve even the most serious of business disputes – mediation, arbitration, and litigation. There is a time, a place, and a reason to use one over another in any given situation. Mediation and arbitration are alternatives to litigation. In the right circumstances, with the right parties, they work well and with much less expense than a trial. There are significant differences between them.
Mediation and an Agreement
Mediation is voluntary. Instead of a judge, there is a neutral mediator. Instead of hearings, there are a series of conversations. Instead of demands there are negotiations. Instead of a judgment there is an agreement. The goal, stated at the beginning and repeatedly reinforced every step of the way, is to arrive at a settlement that works for both parties.
Mediation is an opportunity to resolve the issue(s) face to face. Offers, counteroffers, negotiations go back and forth between the parties and their lawyers while a mediator listens. The mediator hopes to help broker an agreement. They cannot issue orders or render a judgment. Mediation is the opportunity to avoid being ‘ordered’ what to do and take an active role in the decision-making process.
Arbitration and a Decision
A lot of people, including some lawyers, think mediation and arbitration are pretty much the same thing. They are wrong. Arbitration is a private process where a third-party renders a decision for the parties. The decision is binding and final. Arbitration is like taking the dispute to a private court, with the arbitrator as judge. It can be voluntary or required by contract.
Arbitration moves much more quickly than a case crawling through the court. The process is much flowing than rigid court procedures. And the time and place are dictated by the parties, not a court clerk and the exigencies of a crammed court docket. The Law Office of George W. Svoboda advises and guides clients through the mediation or arbitration process. My clients are fully prepared and equipped to manage anything that may come up during the mediation or arbitration process.
Litigation and a Judgment
Everyone who has ever watched TV or regularly gone to the movies knows what litigation is. Everyone knows at least the basics of how it works, how long it takes, how complex it can get, how potentially costly – in many ways – it can be.
I prefer to work things out with and for my clients. You have businesses to run, you do not want to spend hours in court waiting for your case to get called. Sometimes, though, it’s impossible to avoid court. When that happens I am ready, willing, and more than able to litigate.I will not back away from a fight. I have extensive experience successfully handling simple and complex cases.
When I litigate for a client I never lose sight of the fact this affects you and your business. Ultimately, it’s your fight and I will do everything possible to arm and prepare you for your part in it. You will always know where your case stands, you will always hear an honest assessment of . . . well, everything. Remember, it’s a long road to a trial, the matter can be settled anytime before a final verdict.
Your Next Steps
It takes a deep knowledge of business law, and sustained experience with the courts to successfully advise and guide clients when things go wrong. The Law Office of George W. Svoboda has all that. We’re waiting to help, contact us as soon as possible.