Litigation is often dreaded by many, especially those who have to pay for it—whether you are a person who needs an issue litigated or the person who loses and has to pay for a judgment. But does that mean that litigation is always the route to take when fighting over an issue like a breach of contract or a business partner gone rouge? No. Litigation should always be the last resort action to take when responding to a dispute or a legal issue. Here is why.
Is it best to litigate when you first try to resolve a dispute?
Typically, a dispute between individuals or businesses can be resolved in many ways. The parties can choose to resolve their differences on their own through negotiations but often times there can be “bad blood” between the individuals or companies involved in a dispute and they decide to bring in the lawyers to help resolve the issue(s). At this point, any good lawyer will caution against litigation at the onset. The best course of action is always to seek amicable resolution that saves both time and money for all the parties involved, either through further negotiations or through a third-party guided mediation. When these avenues are exhausted, then litigation becomes the best option to pursue, especially when the injury (physical or monetary) is extreme.
What options do you have when a dispute arises?
Generally, when a dispute arises between individuals or businesses there are a few options available, of which litigation should typically be the last option. Negotiations should always be the first step in trying to resolve a dispute and if that fails having stronger dialogue with third parties involved usually helps to resolve any conflict but in the few cases where that simply does not work, litigation is the go-to action. Litigation can be costly, and it can be used as a tool to help put pressure on one side or the other to resolve a conflict, sometimes the looming threat of some form of legal action can exert the necessary pressure on an individual or business to sit down and negotiate to resolve the conflict before it gets to the litigation stage.
But if litigation is not avoidable then there are a few things that you can do to make sure that you set yourself up for success. First, it is important to be transparent with your attorney to ensure that communication is freely moving and that legal strategies can be built quickly while allowing for discovery to be run smoothly. A case can be won on discovery if done right, and that means less time spent litigating and more time resolving the dispute which in turn saves time and money for all the parties involved. Second, be prepared to compromise. Litigation rarely ever ends in a trial with a one-sided winner, typically, settlements can be reached, and compromises made to ensure that a resolution can be achieved for all involved. Sometimes this can be difficult, but it is key to put pride aside and know when to take a settlement versus continuing to litigate—potentially to a negative outcome. There is no one way to handle litigation but what is certain is that it should never be the first option you pursue. Take the time to consider other options before bunkering down on dedicating the time and money necessary to litigate a matter to complete resolution.
If you need advice on Business Law Issues, do not hesitate to contact one of our experienced business attorneys at EPGD Business Law, EPGD Business Law is located in beautiful Coral Gables, West Palm Beach and historic Washington D.C. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.
*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*