What is the procedure for resolving commercial disputes?
In Arizona, resolving commercial disputes follows a fairly standard procedure. Generally, parties try to resolve disagreements on their own first. This is often done with the help of a mediator or arbitrator. A mediator is a neutral third party that helps the two parties come to a mutually acceptable resolution. An arbitrator is a more formal process and usually involves a hearing and decision-making by an arbitrator. If these methods are unsuccessful, the parties will usually proceed to court. The party seeking to resolve the dispute will need to file a complaint with the court and serve the other side with a summons. The parties will then be expected to participate in a discovery process, during which they share evidence and documents related to the dispute. This is followed by motion practice and, ultimately, trial. If the dispute is successfully litigated, the court will enter a judgement against the non-prevailing party. The prevailing party can then seek to enforce the judgement by filing a collection action, a motion to garnish wages, or taking other steps to ensure it is paid. It is important to note that commercial disputes can be complicated and the procedure for resolving them can vary. Accordingly, a business owner or other party involved should consider consulting an experienced attorney to ensure all steps are properly taken. Doing so may increase the likelihood of a successful resolution to the dispute.
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