Is Litigation Inevitable?

Law Blog

You have reached a messy disagreement with a business partner, and you are wondering if litigation is the next step. Before you start pulling out the big guns, consider how far along you are in the mediation process. 

How Is Communication?

Sometimes, disputes can be solved by taking a step back and reworking your approach to communication. If both people are in a defensive position, it may be good to bring a fresh voice into the situation. A new person can potentially diffuse the situation, point out areas of blind spots where both parties may find a new compromise, or reframe the situation in a way that's helpful to both parties. It often helps to take a more empathetic communication style, even if you feel your business partner has wronged you. 

Deal With Risk and Continually Reassess

The process of working out a dispute can take some time. During that time, new information may surface that makes it more or less likely for litigation to occur. For instance, some negative information could come up that makes it more likely that your business partner will begin litigation. 

Or, the risk of litigating (or not litigating) could change based on the strength of each company and what's going on in other parts of the business. Keep a continual pulse on the situation to reevaluate what the biggest needs are for each business; this will help you make the best decisions about litigation for your own business. 

Have Other Forms of Compromise Failed?

Things like mediation, arbitration, and collaborative law are good first steps to take before going for a business litigation. Litigation can take a lot of time and money for both parties, so it is usually best left for situations where other forms of compromise have failed. If you have gone through one or all of these steps already, it may be time to start preparing for litigation. 

Don't wait to be blindsided by litigation. Learn to recognize the signs that litigation is inevitable. Whether you're coming to a place where you're bound to start litigation, or you think the other side is preparing to start litigation, get in touch with a good business litigation attorney. The more time you have to prepare your case, the better. Your attorney will know how to put together the most effective argument and sidestep potential problems that could lead to a victory for your opponent. 


28 July 2018

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