Call Us +1-555-555-555
Litigation FAQs

Q: What is the procedure in business litigation?

A: The exact procedure depends on the issue under litigation. However, business litigation is governed by the same process as other civil litigation. An attorney should be obtained. Legal processes such as motions, trials, and appeals are also the same.


Q: Are there alternatives to a lawsuit?

A: The Alternative Dispute Resolution (ADR) process is often used in these situations. ADR can involve arbitration or mediation, and is generally cheaper and more efficient than litigation.


Q: How is arbitration different from mediation?

A: Mediation uses a neutral mediator to work with both parties. The mediator facilitates discussion and helps both parties work towards a consensus and a resolution that both sides can accept. In an arbitration, the neutral arbitrator hears both sides of an issue and makes a decision. Generally, the parties in an arbitration are bound to accept the arbitrator’s ruling.


Q: Is an arbitration or mediation always binding?

A: In an arbitration, the answer is usually yes. Often, the parties in an arbitration sign a legally binding agreement to abide by the arbitrator’s decision. If the parties in a mediation are dissatisfied with the result, they can set it aside and proceed to court.


Q: Can I appeal a mediation or arbitration?

A: Mediation is non-binding and the issues in a mediation can therefore be taken to court. This is not an appeal, since mediation and legal proceedings are two different processes. Appeals may occur after an arbitration, if the parties agree in the initial contract to allow one.


Q: What is a class action?

A: In a class action, a large group of plaintiffs is represented by one or two plaintiffs. Generally, a class action proceeds when individual litigation would be inefficient in settling an injury or claim to a large group of people.


Q: Can a business take part in a class action?

A: Yes, if the business has been injured in the same manner as other plaintiffs in the class.


Q: How are legal fees set for a class action?

A: Lawyers are only paid if the plaintiff receives a ruling in their favor. This is called a “contingency fee” arrangement. Class action lawsuits are often extremely expensive to prepare and continue, so a contingency fee arrangement is generally the best fit.


New Point Law Firm, plc, is an Iowa general practice law firm with attorneys practicing in the areas including but not limited to:

Administrative Law 

Adoption Law 

Agricultural Law 

Alternative Dispute Resolution 

Banking Law 

Business Acquisition

Business Franchising

Business Law

Business Mergers

Business Organization

Business Planning

Civil Litigation

Civil Practice

Car Accidents

Commercial Law

Commercial Litigation

Commercial Real Estate

Constitutional Law

Construction and Development

Contracts

Corporate Law 

Criminal Defense

Divorce

Elder Law 

Employment Law

Employee Benefits

Estate Administration

Estate planning

Family Law 

General Practice

Government

Government Contracts

Juvenile Court

Landlord/Tenant

Legal Malpractice 

Litigation 

Medical Malpractice 

Municipal Law

OWI & DUI

Personal Injury 

Probate

Product Liability 

Professional Liability 

Professional Malpractice

Real Estate 

Tax Preparation

Taxation Law

Trial Law 

Trusts

Venture Capital & Securities

Wills, Trusts, Estate Planning & Probate Law 

Worker's Compensation

Wills

Zoning, Planning & Land Use

September 18, 2024
Associate Attorney New Point Law Firm, plc, is seeking an attorney, preferably with a minimum of three years’ experience. Qualifications Excellent research, writing, organization, and communication skills are required. The ideal candidate would also possess a strong work ethic, ability to exercise independent judgment, and dedication to serving their community. Iowa bar admission is required. How to apply Send a resume and a cover letter to: New Point Law Firm, plc Attn: Nicole S. Facio, HR Manager P.O. Box 847 Ames, IA 50010 or by email to: nfacio@newpointlawfirm.com All applications will be handled confidentially. New Point Law Firm is an equal opportunity employer. Posted 09/17/2024. Open until filled.
Photo of Frank Feilmeyer working as a swimming official.
August 1, 2024
Ames Cyclone Aquatics Club recognized Frank Feilmeyer for ten years of service to the nonprofit.
By flf May 22, 2024
Receives William Abraham Award
Angie Thomas and three other inductees with certificates.
By Frank Feilmeyer May 22, 2024
Inducted as a fellow
Angie Thomas at podium
November 11, 2023
Angie Thomas took office as the 51st president of the Iowa Association for Justice on November 10, 2023, at the organization's annual meeting.
July 17, 2023
Q: What is a marriage? A: A marriage is a relationship between two individuals that is usually recognized by civil authority and/or bound by the religious beliefs of the participants. Each state has varying laws that effect the responsibilities and benefits of a marriage for these individuals. Q: What is a divorce? A: A divorce, or dissolution of marriage, is the ending of a marriage prior to the death of either spouse. A divorce must be certified by a court of law as a legal action is required to dissolve the prior legal act of marriage. Each state defines the types of divorce, depending on reasons and length of time before divorce papers may be filed. Q: What is common law marriage? A: Common law marriage is a marriage that results from the actions of a couple even though they have not obtained a marriage license or fulfilled the requirements of the state’s statutory marriage laws. This means the couple has lived together for a period of time and have presented themselves as husband and wife. However, not all states recognize common law marriages. Q: What is child support? A: Child support is court-ordered funds to be paid by one parent to the custodial parent of a minor child after a divorce or separation. Q: How is child support calculated? A: Every state has child support guidelines that apply a certain percentage of the non-custodial parent’s income. Q: How can I enforce the court order when my ex-spouse is delinquent on child support payments? A: You can bring a contempt of court proceeding and ask for a wage garnishment. Unfortunately, you may not legally withhold visitation rights if you are not receiving child support. Q: What is contempt of court? A: Contempt of court is when a person willfully and deliberately violates a court order without a legally sufficient excuse. Q: What is child custody? A: Child custody is the court’s determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor child/children (under 18 years of age). Q: What is a paternity test (DNA)? A: It is a genetic test, performed to determine if a man is the biological father of a certain child. This test is generally 99.9% accurate. Q: What are visitation rights? A: If one parent has custody, the other parent has the right to have visitation with his child on a regular basis. Others, such as grandparents, may seek legal visitation under certain circumstances. The amount of time awarded for these rights may be determined by the child’s age as well as other conditions.
SHOW MORE →

We are here for you when you need a lawyer. We're committed to pursuing your rights. Send a message below to inquire and tell us a little about your situation.

Contact Form

Share by: