When A Lawsuit Cannot Be Avoided

Apr 13, 2017 Ben

Here are some topics:

90 Percent of Cases Settle

When a lawsuit appears possible, most sensible people try to find a way to meet with the other side, regarding a problem between them, and then talk things out. This is in fact easier said than done. Your relationship with the other side to your dispute will often be coloured by your past experiences and your gut feeling about how they will approach the problem at hand. Sometimes there are real barriers between parties that need to be broken down before some form of compromise can be reached.

Courts are increasingly willing to force reluctant participants to sit down at a mediation to see if a lawsuit can be resolved without the court delivering a judgement. So far as lawsuits are concerned it is obvious that an agreement between parties, that they can live with, is often the best type of resolution. Usually such an agreement is then documented in a Deed that sets out the terms of the resolution.

Ultimately experience has shown that even stubborn lawsuits are capable of resolution despite the parties having been at each other's throats for extended periods of time. Our own take on the matter is that less than ten percent of the disputes that we see proceed to trial. So chances are fairly high that your case too will settle but you may need some help.

There are of course cases where the willingness to talk or compromise does not exist.

Some Lawsuits Cannot Be Avoided

When a party to a lawsuit considers the other side to be a "crook" or someone "fraudulent" so that there is absolutely no trust then settlement is unlikely. In fact it is best that in lawsuits where the trust between the parties is nil that a judgement is obtained from the court. That is particularly so where you would not take any comfort from a Deed because your expectation is the other side will disregard its terms or simply cannot be trusted to abide by them.

The Other Side is not Reasonable

Occasionally, after a number of failed attempts you will form the view the other side to the lawsuit is just not prepared to be reasonable. That can be a catalyst for wanting to have the court determine the matter since no compromise is likely where parties cannot meet somewhere in the middle (or away from their starting positions). That is not to say that matters need to settle in the middle. In fact some lawsuits simply have no proper grounds, despite what the litigants think, and then it is up to the legal advisors to make it clear that if a hopeless case was pressed the consequences could be serious in terms of the judgment and costs orders. Sadly, even parties who are properly advised sometimes adopt an extreme position and then litigation is certainly the only way forward.

Filing or Defending a Lawsuit

If you find yourself in a situation where you simply do not trust the other side, or they cannot be persuaded to be reasonable your hand may just be forced. It is very difficult, and perhaps even not worth it, to try and negotiate or mediate with someone whom you do not (or cannot) trust)

A Roadmap for a Hard Lawsuit

After we are engaged by our clients, and have had a chance to review all the relevant and available evidence we try and map the road ahead unless the client opts for a short form of advice. A project plan of this nature can and often does help even "experienced litigants" understand the unique aspects of their case and the likely steps going forward.

Talk to a Dispute Lawyer today!