Dispute Resolution

Benedict C. Di DucaUnder California law, the resolution of disputes may take various forms and generally include the following dispute resolution options:

Litigation

Litigation is the process we typically think of as a lawsuit.  As a brief overview, the litigation process begins with the filing of a “Complaint” by the plaintiff (the person or persons bringing the lawsuit), and then the filing of an “Answer” by the defendant (the person or persons being sued).  After the Complaint and Answer are filed, the process proceeds to “Discovery”, which includes written discovery, such as “Interrogatories” and requests for the production of documents.  Once discovery is completed, and the case is ready for trial, the trial process begins.  At the conclusion of the trial, depending on the case, a “Judgment” is delivered by either the judge or the jury.   Litigation may also include various forms of motions and other actions. 

The litigation process is expensive, time consuming, and may be very stressful; however, it may also be your only alternative if you have been damaged or if you are being sued.  For that reason, your attorney must have a thorough understanding of, and experience in, the litigation process.  It is important to note that if you believe the judgment is incorrect, you may have the right to appeal the case, which means that you ask a higher court to review the conduct of the judge or jury and/or the interpretation of the law. 

At Di Duca Law, PC, we believe everyone deserves legal representation focused on advocating our clients’ interests aggressively and cost effectively. In keeping with this philosophy, we approach each case with an analysis of our clients’ matter, in a clear, concise, and understandable way so our clients may make informed decisions about complex business and legal issues. This philosophy is employed by every member of our firm in all we do.

Arbitration

Arbitration may be less complex and may be less time consuming than litigation; however, given the costs associated with arbitration, it is rarely less expensive.  In Arbitration, an Arbitrator (or panel of Arbitrators) acts as the “Judge” and hands-down a decision after the Arbitration hearing.  In most cases, that is the final outcome; Arbitration decisions are rarely appealable and, for that reason alone, are not well-favored among many business owners.

Mediation and Alternative Dispute Resolution

There is a saying that goes, “When your only tool is a hammer, every problem looks like a nail.”  That has been the case with the legal profession for many years and the trend is now moving in a more positive direction.  For many years, the most common method of dispute resolution was litigation.  While lawsuits can be very effective (and may be absolutely necessary), that is no longer your only option.  Whether by agreement or contract, the parties may agree to mediate their disputes.

If you have additional questions concerning your legal matter, please contact Di Duca Law, PC for an initial consultation. We can be reached by phone at 530.343.3454, by electronic mail via info@diducalaw.com or by filling out the form on our "Contact" page.

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