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Would an injunction help in your business dispute?

When a dispute arises between you and another party, your first inclination may be to try to work it out amicably without involving anyone else. Sometimes this works, but when it doesn't, you may need to look at other ways to resolve the issue. Perhaps you attempt to engage the other party in mediation or arbitration, if it's not required by a contract, but the other party declines.

At this point, you may decide that initiating litigation is your best option. However, you may need more than just the pursuit of monetary relief in order to rectify the problem. You may need a non-monetary form of relief such as an injunction.

What can an injunction do for you?

If part of the problem with the other party is that his or her action or inaction harms your business, you may need the court to order that party to stop doing something that he or she so far refuses to do. Before the court will issue an injunction, you will need to prove that nothing else will adequately or completely resolve the issue. How long you need this type of relief could also influence whether the court will order it. Three different types of injunctive relief exist as follows:

  • If you need the court to prevent the other party from continuing an action during the litigation, you could begin your case by asking for a preliminary injunction.
  • If you just need the other party to stop doing something temporarily while you work to fix the problem, you could ask the court for a temporary injunction that has a definite end date.
  • If the circumstances warrant it, the court may issue a permanent injunction against the other party, which indefinitely bars the other party from engaging in the action that harmed your business.

When you discuss what you expect out of your litigation, you may find that an injunction would prove useful to your business. Determining the type of injunctive relief that will work best for your circumstances will certainly require a thorough review of the situation and an understanding of what each type could do for you. You may find it easier to make this determination, and others pertaining to your case, if you consult with an Arizona attorney experienced in business litigation in order to gain reliable information.

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