Courts as Last Resort

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...of litigation via the courts therefore is that it rarely produces a winner in the general sense of the word.

Settlement makes commercial sense. The earlier in a dispute the parties attempt such a compromise the better since positions are usually less entrenched at that stage and less has been spent in the way of legal fees....

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Solicitors specialising in dispute resolution are well versed in settlement options. From more formal structured processes such as mediation or adjudication to less formal settlement discussions and round-table meetings these options are almost always considered. As a client you can help by trying to maintain a commercial approach to the risk/reward analysis that settlement involves and by prompting your legal adviser to explore settlement of the dispute.

Often the sign of a successful settlement is that neither party is satisfied. A compromise is not the same as winning at court. However when winning at court risks liability for extensive legal fees and will not recover all your legal fees, let alone the management time lost to dealing with the dispute, a compromise is by far the best solution.

 

 

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