It can be a difficult decision to decide to pursue litigation to resolve a legal dispute. Since other legal dispute resolution methods exist, it can be hard to tell when litigation is the option you should push through with. It also doesn’t help that litigation is the most aggressive and potentially risky out of all the options. To help you feel more comfortable about making this big decision, we’ve gathered some signs that your company should pursue litigation.
You Have a Strong and Clear Case
Litigation isn’t worth it if your case is somewhat weak. But if you are sure you have a strong and clear case against the opposing party, litigation may just be worth it.
While you may think your case is strong enough, it may not seem that way to the judge. So, it’s best to get the advice of an experienced business attorney first. They can analyze your case and examine your evidence to see if you have a good chance of winning the case.
Potential Rewards Outweighs the Potential Risks
Before entering into litigation, you have to ask yourself if it is actually worth all the hassle. This is where a cost/benefit analysis comes into play. Here, you can weigh the potential risks versus the potential rewards of a particular situation.
Litigation is not just costly, but the whole process can also be taxing to deal with mentally. So, you have to consider whether the potential benefits you wish to gain are worth the trouble you’re getting into. You also have to look at other possible consequences that may occur as an indirect result of the litigation.
You’ve Exhausted All Other Methods
Since litigation is the riskiest out of all the other options, it should only be pursued when all other methods have been exhausted. Consider first to negotiate a settlement. Or you could also pursue mediation or arbitration. But if none of that works out, the only choice you have left is to push through with litigation.
You Have No Qualms About the Dispute Being Accessible to the Public
Before pursuing litigation, you have to understand that litigated courtroom proceedings are considered public records. This means anyone can access records of your litigation if they so wish.
So, you have to consider what litigation would mean for your public image and reputation. If the nature of your dispute is particularly sensitive, perhaps litigation isn’t the best choice for you. Or perhaps you have concerns about sharing information you don’t want to become public knowledge.
All these concerns are valid, and if you take any issue in putting out these details to the public, it would be better to seek other legal dispute resolution methods. However, if you are not concerned about the details of your dispute going public, that is a good sign to pursue litigation.
Litigation is perhaps the most aggressive and riskiest option for legal dispute resolution. But when all other methods have been exhausted, it may be your only option. If this is the case, it’s best to make a cost/benefit analysis and see if you have a strong case. To help you decide, always consult with a reputable and reliable lawyer.
Resolve your legal disputes with the help of the MHM Firm. We are Birmingham lawyers with more than 75 years of experience in the practice of law. We passionately seek justice for our clients in state and federal courts in areas such as complex business litigation, medical malpractice defense, insurance defense, and more. Get in touch with us now!