Litigation is one of the most daunting aspects of the legal system. Having a dispute in court is one of the most arduous and stressful experiences that people will ever experience. The legal system is fraught with dangers, is complicated and is full of hurdles which make it difficult to comprehend.
This guide will provide some key details on the litigation process, and some key advice for those that wish to resolve their disputes through the courts.
EARLY SETTLEMENT
The initial response to any dispute involves a tremendous amount of emotion and anger. This can lead to people being persistent in dealing with their dispute through litigation rather than pursuing other options.
However, the most beneficial outcome for all parties concerned occurs when the parties settle their disputes before going ever going to court. Any interaction with the court system is a drawn-out and long process, resulting in unwanted psychological and financial burdens which can cripple people.
Reaching an early settlement, while seeming less favourable at the time, will almost always be a better outcome for you in the long run. It also means you get the settlement you want, not an outcome imposed on you by a court.
DON’T GET BOGGED IN THE DETAILS
Too often during the course of litigation or a dispute, unnecessary costs are incurred due to people being unable to compromise on the smallest details. While it is understandable that people would be unable to compromise, arguing about minor details which bear no impact on the outcome of the matter, unnecessarily increases fees, frustration and general disgust during litigation.
Focus on what the overall goal is for the litigation and only dispute matters which will have an eventual impact on that goal. For example, fighting over the Tupperware in a family law dispute would not be worth the effort. You would most likely spend more than a $1,000.00 in legal fees to recover the Tupperware, which you could have bought for that amount of money. Especially so if that minor dispute causes an entire settlement to fail and for the matter to continue in the court system.
DON’T LET LITIGATION TACTICS CONTROL YOUR DECISIONS DURING THE PROCESS
Listen to your legal advice and stay focused. There are many legal practitioners who wish to obfuscate the dispute by barraging their opposition with pointless emails, letters and other unrelated threats or demands. This is especially true of some legal practitioners whose cases are not going as well as they would like, and who instead try to “bully” the other side into accepting an unfavourable outcome.
In these scenarios, the best thing to do is to try and stay calm, listen to the advice of your solicitors and to again focus on your overall goal for the dispute. Staying focused and calm will prevent the other side from being able to use any rash or unnecessary reactions to their bullying to bail them out of their poor legal case – keep it impersonal.
THE LEGAL SYSTEM AND THE TIME A MATTER TAKES TO BE RESOLVED
One of the biggest challenges for anyone attempting any sort of litigation is the legal system itself. The system is designed by lawyers, for lawyers, and it can be difficult to navigate without legal help. Sometimes, a chat with a lawyer is all you need. Other times, you may need a lawyer to run the whole matter for you.
The important thing to remember while trying to understand the system is that it should be the responsibility of your lawyer to explain this complex system to you in a way that is understandable so that you can follow what is actually happening in your matter. It is also vital to understand that any dispute in court will take a very long time. The court system is very busy and a simple dispute can sometimes take years to resolve.
There might be up to three appearances in court by your lawyer before a date is even set for the actual dispute to be heard before a judge. Therefore, before embarking on litigation, you must first assess the impact of having a dispute hanging over your head for such a long time, will do to you not only financially, but also emotionally and mentally as well.
These are just some of the things to consider when you are deciding whether to litigate. Therefore, it is important that you get the best advice during your dispute. Please contact our friendly team at Eleven Legal so that we can guide you through the process.
