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What are the disadvantages of litigation?

Litigation is often an option for parties who have found themselves involved in a dispute of some kind.

Litigation can be advantageous in many complex situations, especially where the law and the facts are on your side.

However, there are many factors that a party needs to bear in mind before committing to any litigation, including the time; expense; and risk of an adverse outcome. 

To that end, in some situations parties may be uniquely benefited by arbitrating or mediating a matter, instead of engaging in in “full-blown” litigation in the Courts. 

If you are a party to a legal dispute, Bashian P.C. can help you determine if asserting your claims via litigation, or seeking alternative dispute resolutions in the form of mediation or arbitration – to the extent you have the ability and/or obligation to do so – is right for you. 

Litigation is not as predictable as it may seem

Many people wrongly believe that they will be able to accurately predict the outcome of business litigation before committing to it. However, this is unfortunately not the case. Subjective judgments can play an influential role in the outcome of litigation.

Litigation is impersonal

In mediation and other forms of legal counseling, you may have the opportunity to use empathic communication and rapport in order to persuade the parties involved. In litigation, this will not be possible. Instead, the person making the judgment will only have the key facts, and this is something to consider carefully before deciding to proceed with litigation.

Litigation can burn bridges

You should only consider going through litigation with another party if you have accepted that there will be no future business relationship between you and them. In litigation, relationships can be severed, and this could harm future income.

If you are dealing with a business dispute, you have several possible options. By understanding the law better, you will be equipped to make the best possible decision for your situation.

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