What is the procedure for resolving commercial disputes?
In New Hampshire, the procedure for resolving commercial disputes depends on the type of dispute. Generally, disputes are resolved through negotiation, mediation, or litigation. Negotiation is an informal process in which parties attempt to reach an agreement. This might involve both sides simply talking things out, or it might involve bringing an attorney to the negotiation table to represent one of the parties. Mediation is a more formal process in which a third party, called a mediator, helps the parties to work out their differences. The mediator is non-binding and does not make decisions – the parties themselves are responsible for finding a resolution. If negotiation and mediation are unsuccessful in resolving the dispute, then the parties may have to take the matter to court and litigate. Litigation is a complex process in which the parties present evidence and argument to a court and the court ultimately renders a decision. The decision of the court is usually binding on both parties, meaning that they must abide by it. In New Hampshire, there are also alternative dispute resolution options available, such as arbitration and mini-trials, which are less formal than a court trial. Ultimately, the parties must decide which method is the best way to resolve their commercial dispute.
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