What is the legal process for resolving a commercial real estate dispute?

The legal process for resolving a commercial real estate dispute in Delaware is outlined in the Delaware Code. The process typically begins with a party filing a complaint with the court that explains the nature of the dispute. The court will then decide whether the dispute will be handled through a trial, mediation, or arbitration. If mediation is chosen, the parties involved will meet with a mediator to try to reach an agreement that is mutually acceptable. The mediator will help facilitate discussion between the parties, and suggest potential solutions for the dispute. If an agreement is unable to be reached through mediation, arbitration may be the next step. Arbitration is similar to a trial, except the parties voluntarily submit the dispute to an arbitrator rather than a judge. During arbitration, each side presents evidence for their case and can call witnesses. The arbitrator acts as the decision-maker and renders a decision, which is typically binding upon both parties. Finally, if the dispute cannot be resolved through arbitration, the case can be brought to a trial. During a trial, each side will present evidence and testimony to a judge or jury, who will ultimately decide the outcome. Regardless of the path chosen, it is important to consult with a lawyer to help guide you through the process and ensure your rights are protected.

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