What is the legal process for resolving a commercial real estate dispute?
The legal process for resolving a commercial real estate dispute in Florida is designed to ensure that the dispute is handled as efficiently and cost-effectively as possible. The process begins with the parties involved in the dispute initiating a formal dispute resolution. The first step is to discuss the dispute and attempt to resolve it informally. If the parties are unable to reach a mutually agreeable solution, the court may be asked to intervene. The courts can then offer several types of dispute resolution processes. The most commonly used are arbitration and litigation. Arbitration involves having a neutral third-party act as a mediator to assist in resolving the dispute, while litigation involves having a court make a legal decision on behalf of the parties. No matter which type of resolution is pursued, the parties involved in the dispute must present evidence and arguments to support their respective cases. The evidence must be presented in the form of written or oral statements, documents, or testimony. After the presentation of evidence, the court may hear closing arguments from each side of the dispute and make a ruling based on the evidence presented. Once a decision has been rendered, either party may seek to appeal the decision if they feel it did not address the issues in dispute adequately. If an appeals court agrees with an appeal, the original decision may be overturned. If the appeal is denied, then the original decision stands, and the dispute has been resolved.
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