Commercial litigation can be complex, high-stakes, and time-consuming, but when critical issues are on the line, it can be the right path.
Whether you’re dealing with a breach of contract, a partnership dispute, or a business tort, understanding what to expect can help you prepare and make informed decisions from day one.
Here’s a look at the typical phases of a commercial litigation case and what clients should know going in:
1. The Pleadings Stage
Every case begins with pleadings – the formal court documents where each party outlines their claims or defenses.
That includes the complaint, the answer, and sometimes counterclaims or demurrers. It sets the foundation for the case and frames the issues the court will address.
During this stage, it’s important to work closely with your attorney to ensure your position is clearly stated and well-supported, as early filings can influence both strategy and outcome.
2. Discovery
Discovery is often the longest and most demanding phase.
Each side exchanges relevant information – emails, contracts, financial records, and more – through written requests, document production, and depositions. Discovery is where much of the factual groundwork is laid, and it often shapes the trajectory of the case.
Strong preparation and organization can make a significant difference in both the effectiveness and efficiency of this phase. Your legal team may also work with outside experts to review records or prepare testimony, depending on the nature of the dispute
3. Motion Practice
Parties may file motions to resolve parts of the case or narrow the issues before trial.
These include motions for summary judgment, which ask the court to decide all or part of the case based on the evidence, without a trial.
Strategic motion practice can save time and costs if certain claims can be resolved early. It can also clarify the legal issues that remain, helping all parties assess their position heading into trial.
4. Trial or Arbitration (or Settlement)
If the case doesn’t resolve during or after discovery, it proceeds to trial or arbitration.
Trials can be bench (judge-only) or jury trials and may last from a few days to several weeks, depending on the complexity. The trial involves presenting evidence, examining witnesses, and arguing your case before a decision-maker.
However, many cases settle before trial, sometimes through direct negotiation, sometimes through mediation. Settlements can offer certainty, privacy, and efficiency – which is why many commercial litigants explore them seriously, even late in the process.
5. Post-Trial and Appeal
After trial, there may be post-judgment motions or appeals. If a party is dissatisfied with the result, they can seek appellate review, though appeals require legal grounds such as procedural errors or misapplication of the law.
This stage can extend the life of a case, but it may also be an important tool for correcting significant legal mistakes or clarifying unsettled legal questions.
What Clients in Commercial Litigation Cases Should Keep in Mind
Commercial litigation is often a marathon, not a sprint. It requires patience, organization, and trust in the process.
Litigation can offer a powerful avenue for resolution when handled thoughtfully, especially when business relationships, reputations, or high-value contracts are involved.
Set up a consultation with Windsor PLC to discuss your commercial dispute.
Frequently Asked Questions about Commercial Litigation
How long does commercial litigation usually take?
It varies, but most cases take several months to a few years. Timing depends on the court’s schedule, the complexity of the case, and how willing the parties are to resolve things early.
Is there any way to avoid going to trial?
Yes. Many commercial disputes settle before trial, especially when both parties are open to negotiation. Mediation is also a common tool used during litigation to explore resolution options.
How much does litigating a commercial case cost?
Costs depend on the complexity of the matter and how far the case goes. Your lawyer should give you a clear sense of likely costs and billing structure and help you weigh the potential risks and rewards.
