Many businesses or individuals are advised to avoid litigation when resolving a conflict. The reasons include the supposed cost of litigating, waiting for a court date, the risk of losing, and even the distraction of going to court. While these may be valid points, there are still many benefits that only litigating can provide. These include:
- Closure: Parties can haggle back and forth arguing this and that point, but they do not seem any closer to solving the issue. The litigation comes with a ruling at the end of it.
- Forced cooperation: Litigation brings the parties together to address the matter regardless of whether one side wants to be there or not.
- Public record: Often, the two parties want to keep the details of their dispute private, but there can be benefits to making the disputes a matter of public knowledge. The courts do this by keeping public records.
- Precedent: Litigating a dispute may make another party in the future hesitate to test the individual or party. Court rulings can also settle the matter if similar cases emerge.
- Cost: Many say that litigation is more expensive, but some disputes get dragged out if the two sides can get no closer to resolving the issue. It can add up.
- Appeals: While arbitration may be binding, the individual or company can appeal if they feel that the judge did not consider all the facts.
It is best to weigh the options
Those considering litigation to resolve a dispute can often find clarity in speaking with a seasoned litigator. While many lawyers focus on arbitration or other alternate dispute resolution options, an experienced litigator is often the best judge for weighing the details of the dispute and determining if the matter should be litigated before a judge.