Welcome to the FAQ page of Davison Eastman Muñoz Paone, your trusted legal partner in matters of business litigation, business law, contract disputes, and arbitration. We understand that navigating the complex world of business and commercial law can be daunting, and that’s why we’re here to provide clarity and guidance.
Here we aim to address some of the most common questions and concerns our clients have in these areas of law. Whether you’re a business owner seeking assistance with contract disputes or a company looking to understand the nuances of arbitration, our team of experienced attorneys is dedicated to providing you with the knowledge and insights you need to make informed decisions.
Frequently Asked Questions & Answers
Real estate disputes can give rise to litigation when they are not promptly addressed and resolved. Typical real estate disputes that lead to litigation are landlord tenant matters in commercial lease boundary line disputes, litigation between partners and or members of a business over the ownership interest in the real estate or the fate of the real estate whether that be a purchase or a sale.
Business partners often disagree but that rarely leads to litigation. Most business owners resolve their disputes in some fashion prior to litigation. That’s why it is critically important that the governing documents of the corporation, whether it be a shareholder agreement or an operating agreement, provide for the resolution of disputes short of litigation. However, in the event that someone believes litigation is unavoidable or imminent, then the best thing for that person to do is to consult with their business litigation attorney in order to properly prepare themselves.
Well drafted contracts should have a dispute resolution mechanism built into them. Most often they require mediation before binding arbitration. Absent that, a contract dispute can be resolved in any way the parties agree. They can agree to private negotiations, mediated negotiations or some sort of binding resolution mechanism short of the court system. Unless otherwise agreed, the court system is always available.
One should document all of the relevant facts and keep copies of all of the relevant documents. Additionally, if you find yourself involved in a business dispute, you should consult a lawyer to determine what your rights and responsibilities are and what record preservation obligations you may have.
In New Jersey, trial by ambush is highly disfavored. The court rules are structured to allow each party to learn as much about the other party’s claim as possible prior to trial. This helps narrow the issues and encourages settlement. Discovery is the exchange of information under oath. Between parties, it generally takes three (3) forms, written questions (called interrogatories) which are answered in writing. Depositions are oral examinations under oath, as well as the production of documents accompanied by a certification genuineness and completeness of the production. Discovery, as to nonparties, generally takes the form of subpoenas.
Arbitration, which is generally binding, is a form of alternate dispute resolution which occurs outside of the court system of the state of New jersey. It is a proceeding typically held before either a single or three arbitrators who take testimony under oath and render a decision usually containing findings of fact and conclusions of law. The parties previous to arbitration will have agreed that the arbitrator’s decision is binding upon them and has the force and effect of a judgment of the Superior Court.
More Questions About Business Litigation? Speak to An Attorney Today
For three decades the attorneys at Davison, Eastman, Muñoz, Paone, P.A. have applied their in-depth experience and outstanding service to clients in an increasingly wide spectrum of the law.
Our clients trust us to represent them on a multitude of general and complex issues that might arise in any business, individual or family setting, including business litigation, arbitration and contract disputes.
We invite you to contact us today at (732) 462-7170 and speak with an experienced business litigation attorney about your case. Our Monmouth County law office is located in Freehold. We also have an Ocean County office in Toms River.