Small business owners are constantly evaluating new ways in which to control costs, reduce overhead, and increase profits.  Unfortunately, disputes are an inevitable consequence of operating a business and sometimes this results in costly litigation.  However, given the fact that roughly 95% of all lawsuits eventually settle, it is important to consider your cost-saving alternatives before rushing to the courthouse.

Alternative Dispute Resolution generally refers to either Arbitration or Mediation.  Arbitration is generally the more formal of the two and is usually associated with a binding ruling.  On the other hand, Mediation is usually non-binding and much less formal, often held in a conference room setting.  This discussion will focus on the process of Mediation.

Mediation can either be ordered by a court or initiated by individuals - even if a lawsuit is not pending.  The Mediator is selected from a pool of candidates by mutual agreement of the parties and is usually a retired judge with at least 15 years of experience hearing cases similar to yours.  The process usually begins with the parties providing a joint submission to the Mediator that sets forth the undisputed facts of the case.  Most Mediators charge by the hour and the parties usually split the cost equally.  

After evaluating the joint submission, the Mediator usually will hold a scheduling conference call.  This will either take place between the attorneys,  or the parties if they are not represented by counsel (generally not a good idea).  During the conference call, the Mediator will usually not discuss the merits of the case beyond what is needed to estimate the length of the mediation.

Once the mediation is scheduled, the parties will appear and usually meet separately with the Mediator after which a joint session will be held.  The rules of evidence are greatly relaxed in a mediation, and depending on the complexity of the dispute, there may or may not be testimony of outside witnesses. 

Upon conclusion of the mediation, the Mediator will usually submit an opinion.  This opinion can serve as a glimpse to what the parties can expect at trial.  Sometimes this is enough to result in settlement.  However, other times if settlement is not possible, it can serve as an informal pre-trial of the disputed issues.   

If you are engaged in a business dispute, you need to consider all of your options prior to filing a lawsuit.  Or, if you have been sued, it is usually a good idea to consider mediation early in the process to avoid the costs of litigation. 

At Roth Law Group, LLC, we have experience mediating business disputes and are available to discuss your legal options at 312-419-9599.   

The Clerk of the Circuit Court of Cook County, Illinois has announced that a pilot program implementing electronic filing is to begin March 30, 2009.  Other counties have already implemented similar electronic filing programs and it has been used in federal courts since 2000.  The implications of allowing electronic filing are clear when it comes to the substantial time and cost savings lawyers will realize.   

The Roth Law Group will participate in the E-Filing Advisory/Leadership Committee begining January 8, 2009.  It is hoped that the plan will be approved and gain wide acceptance (or mandatory compliance) in order to move the Clerk's office into the 21st Century.       

According to a story in the December 15, 2008 Chicago Law Bulletin, the Adminsitrative Office of the U.S. Courts reported that 38,651 businesses filed bankruptcy petitions in the year ending Sept. 30 compared to 25,925 petitions brought in fiscal year 2007.  There were 2,722 business bankruptcies filed in the 7th Circuit (which covers Illinois, Indiana, and Wisconsin).  

Now more than ever small business owners need to control costs and keep a close watch on collections of accounts receivable.  In this economy it doesn't take long for a minor cashflow issue to turn into a serious crisis when your customers are not paying you.  

At The Roth Law Group, we understand the challenges faced by small businesses.  Let us help you with your collection issues.  Contact us at 877-419-9599 for a free consultation.     

At The Roth Law Group, located in Chicago, we understand how small businesses are affected by litigation.

We know that most small business owners have a limited budget to allocate toward legal fees. That is why we work efficiently and economically to resolve your legal issues with minimal impact on your business.

Our goal is to protect you, both legally and economically. With this in mind, we maintain a high level of professionalism. We work to settle matters when that settlement would save you time and money. We can also take aggressive action in court on your behalf. We have the experience to protect you and we never hesitate to enforce your rights in court.

We offer skilled legal representation in many areas of the law. Our law firm knows small business and will work with you to accommodate your needs.

General business litigation

Breach of contract

Officer and director breach of fiduciary duty

Breach of employee non-disclosure

Breach of non-competition and non-solicitation agreements

Disparagement and defamation

False advertising

Unfair business practices and competition

Fraud

Out-of-state local legal representation

We offer skilled and efficient legal representation for family businesses and other small businesses. At The Roth Law Group, we place great importance on taking action to help your business prosper. Contact The Roth Law Group at 312.419.9599 to talk with our knowledgeable lawyers about your business litigation needs.