Commercial litigation encompasses various legal disputes that arise in the business world. Business and individual litigants must understand commercial litigation fundamentals. It involves business transactions, contracts, partnerships, mergers and acquisitions, employment, intellectual property rights, real estate, and other commercial conflicts. It involves lawsuits between businesses, individuals, or both.

In commercial litigation, the plaintiff initiates the lawsuit against the defendant. The plaintiff retains an attorney to file the complaint, outlining the legal basis for the claim. The defendant then responds to the complaint, admitting or denying the allegations, and may file counterclaims if appropriate.

Both plaintiffs and defendants in commercial litigation typically retain experienced attorneys to represent their interests. These attorneys can handle complex commercial conflicts. They are essential in client advice, legal research, settlement negotiations, and court advocacy.

Pre-trial processes include discovery, where parties exchange pertinent information and evidence. Each side might acquire evidence to support their case and evaluate the other party's claims at this phase. Failure to resolve through discussion or alternative dispute resolution leads to trial. A judge or jury hears both sides' evidence and arguments. After reviewing the evidence and law, the judge or jury decides the outcome.

Either side can appeal a trial decision if they believe there were errors or disagree with the conclusion. Appeals courts analyze the trial record and legal reasoning to confirm, reverse, or modify lower court decisions. Commercial litigation is a complex and often lengthy process requiring careful navigation and skilled legal representation. Understanding the fundamentals of commercial litigation can help litigants make educated judgments and safeguard their interests.