Daniel Chammas - How the Litigation Process Works

At some point, if you are a business owner that is, the odds are that you will either sue someone, or that someone will sue you. Litigation can be a confusing and intimidating process to the layperson. First, you need to understand the various levels of court that you might be involved in, the actual litigation process, and the legal fees and expenses that might be incurred.

Law is based on provincial and federal statutes as well as common law. In many provinces there are four levels of courts, including Small Claims Court, County Court, Supreme Court, and Court of Appeal. The federal government has various levels of court, primarily the Federal Court and the Supreme Court.

Small claims court is designed for the average person or a small business owner and is enables the petitioner to file a claim without hiring a lawyer. The monetary limit in small claims court differs depending on the state. A guidebook is available from the court which explains the steps necessary to file a claim.

The next level is county court which usually has higher monetary ceiling, although this can vary between states. This type of court setting is formal, and requires representation by a lawyer.

At the top of the court system is the Supreme Court, which has unlimited monetary jurisdiction. The Supreme Court can hear any claim of any amount and of any nature. Legal representation is required. If you feel the decision at the Supreme Court was legally flawed or handled unfairly, you can appeal the decision to the Court of Appeal.

For federal governmental matters such as income tax evasion, cases would be settled in the Federal Court.

Law professionals such as Daniel Chammas work with their clients in an attempt to keep cases from going to court. They often try to resolve these disputes in mediation and other third party settled means. He counsels clients before heading to the court room, as he knows that it may be far more expedient and less costly for you to resolve the dispute from the beginning through personal negotiations with the individuals involved. In many cases the feuding parties can settle the matter out of court. Daniel Chammas sometimes opts to hold a "without prejudice" meeting with the other party in the dispute. The term without prejudice means that none of the information discussed or presented in the meeting would not be permissible evidence in court. Therefore, both parties are free to participate in full and open discussion in an attempt to reach a settlement.

The Author writes articles for law and business field. He has also contributed to Wikipedia, Squidoo and Hubpages. His articles have been published in print as well as online magazines.