7 Advantages of Litigation in Dispute Resolution

If you are a small business, a big business, or a freelancer, chances are you will run into a business dispute at some point in your career. Sometimes disputes can be resolved without intervention from outside parties. Other times, problems between businesses require the involvement of a neutral third party to solve the issues and come to an agreement (and in many cases, this is required in order for the companies to continue mutually beneficial business relationships).

“Dispute resolution” refers to the process of solving such problems. Dispute resolution is the method of dealing with disagreement through negotiation or mediation to reach an agreeable conclusion. Rather than taking up arms against each other which can result in physical harm, people resort to talking out their problems in order to agree on a conclusion.

The three major dispute resolution processes are negotiation, mediation, and arbitration. Negotiation is the process of coming together with opposing parties to reach an agreeable solution that both parties can live with. Mediation occurs when one or more third parties assist the negotiations between two conflicting parties until they arrive at a mutually beneficial decision. Arbitration is similar to mediation, but there is a neutral party that has the final say on the solution.

This is where litigation comes in: litigation is a great option for these procedures. Litigation refers to the process of connecting with litigation consultants, gathering evidence through discovery, applying the evidence at trial, and presenting your case before a judge or jury.

This article will walk you through the advantages of pairing litigation and dispute resolution together. Litigation provides several advantages over other types of dispute resolution such as negotiation or mediation. This article will go over 7 advantages of litigation:

1. Litigation is formal

Litigation is more formalized than other types of dispute resolution, which means that it has a more structured and transparent procedure that can be more easily understood by all parties involved. Additionally, it is a lot harder to ignore a court date than it is to miss a mediation or negotiation session.

2. Litigation provides an official record

Litigation creates a more formalized legal document that details everyone's statements, arguments, and evidence; therefore, the outcome is less likely to be disputed. The documentation can also help prevent future disputes because there are written statements of what each party agrees to do or not do in the future. Essentially, the transparency it offers can help prevent future issues because there is a written record of the proceedings from the beginning.

3. In a dispute, a judge or jury can provide more specialized knowledge than a neutral mediator.

The judge or jury may be more familiar with certain laws that would be helpful to the case. For example, if someone is filing for divorce, the judge is likely to have extensive knowledge of family law and how they can apply it to their particular situation—whereas a mediator may not have as much specialized legal experience in one area.

4. Litigation provides a wider range of solutions than other dispute resolution processes.

Litigation can be used to solve any legal issue, whereas mediation and arbitration are usually limited to certain issues. If you have an issue that mediation or arbitration isn't appropriate for, litigation may still be useful in your particular situation.

For example, if you and your neighbor have a disagreement over who owns a small strip of land that is actually part of the state highway, mediation and arbitration may not be very helpful because neither party will gain what they want out of those processes. However, litigation can allow both parties to come to an agreement about their particular issue or for one party to win the dispute and be legally entitled to the land.5. Litigation can resolve disputes more quickly than other methods.

5. Litigation can resolve disputes more quickly than other methods.

If both parties are in disagreement with the mediation process, then litigation may resolve things much faster. For example, if mediation is taking too long and one of the parties is no longer interested in resolving the dispute through mediation, they can request to have the case heard at trial.

6. Litigations can use precedents

Precedents and rulings can be used to provide an answer on how a legal issue should be handled in similar situations. For example, if there is a case where the court decided that someone was wrongfully terminated, you can use their ruling to support your argument if you were fired without cause.

Litigation is the perfect forum to take advantage of such cases because you have the chance to argue to a court that the court's ruling in a similar case should apply to your situation.

7. In some cases, litigation can be less expensive than other dispute resolution processes.

In some situations, using litigation rather than another type of dispute resolution process may actually save you money. In a mediation or arbitration situation, the mediator or arbitrator will charge for their time and services—whereas in a courtroom setting, although there is also an attorney fee, you might end up saving money because a judge or jury can make a decision much faster than a mediator or arbitrator could if they have to go through the process of hearing each party's evidence and arguments.

Keep in mind that litigation specialists, such as those from Focus Litigation Consulting, can also accommodate your budget!

Conclusion

By now, the advantages of litigation should be abundantly clear, so don't hesitate to take your opponent to court if you're involved in a contract dispute. Remember these advantages and let them inform wiser choices for you and your business!

Litigation and dispute resolution can be very complex for an amateur lawyer or business owner to take on because there is so much preparation, documentation, and attention to detail that needs to take place. This is why litigation consultants are experienced lawyers with familiarity in litigation processes that can help you prepare for litigation, navigate the legal process, and present your case convincingly.

Litigation doesn't have to be scary if you have the right people guiding you through the process! Contact Focus Litigation Consulting to speak with a qualified, professional litigation consultant today.