Should you try to avoid litigation?

Should I sue?  That is a question that is commonly posed.

Sometimes litigation is the only answer.  If there is a bully on the other side who is an unrepentant wrong-doer unwilling to make it right.  Even then, you need to proceed with caution.  Litigation is costly in money, in time and in emotion.  There are some alternatives.

Arbitration

Arbitration is an alternative to litigation, but requires both sides’ agreement.  Arbitration looks like court but is typically faster and less procedurally complicated.  Instead of presenting your case to a judge or jury, you present your case to one or three arbitrators, who are typically people with expertise in the area of the dispute.  Arbitration, unlike litigation, is typically private.

Mediation

Mediation also requires both sides’ agreement.  In mediation, the parties engage a neutral mediator who is a pro at convincing parties to come to resolution.  Mediation has a high success rate, but requires a willing and open attitude by both parties.

Walk Away

There are indeed times when it is in your best interests to let it “roll off your back” and move on.  An experienced, wise attorney will be willing to tell you if you would be better off walking away from the party who harmed you without litigating.