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Civil Litigation Attorneys in Niagara Falls, New York
Civil litigation is a general phrase referring to legal disputes between two or more parties involving the pursuit of money damages or some other procedural remedies. Jail time or other criminal sanctions are not available in civil litigation. There are several different available to litigants pursuing a civil litigation case. Trial, arbitration, and mediation are the most often used methods for resolving civil litigation actions.
Trial
Trial is the most formal method and is often the most time-consuming and expensive method of resolving cases. Every party in civil litigation has a right to a jury trial should they request it. At trial, a jury of 6 people, agreed upon by both sides during jury selection, will hear all evidence deemed admissible and render a decision. Experts are often required at trial, and these experts come at a cost, but the experienced lawyers at Viola, Cummings & Lindsay LLP have won numerous verdicts at trial in civil litigation cases and are willing to take your case to trial if needed.
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A second potential method of resolving civil litigation cases is arbitration. Arbitration involves submitting your claim to previously agreed upon arbitrators, usually current or former lawyers, who will hear the evidence and render a decision. Like a trial, that decision is binding and has limited grounds for appeal. This process is also a formal adjudication but is less complex and less costly to the litigants.
Mediation
The third common method for resolving civil litigation claims is mediation. In mediation, both sides agree to submit their respective positions to a neutral third party who attempts to reach a settlement that is acceptable to both sides. That mediator makes no final decisions and only attempts to expose the strengths and weaknesses of each case in an effort to reach a resolution.
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Different statutes of limitation apply to different types of civil litigation cases, and if you fail to bring your claim in a timely fashion, you may be estopped from doing so. Call the lawyers at Viola, Cummings & Lindsay LLP if you feel like you have a claim, and we’ll guide you through the process from beginning to end.