The realities of litigation and advantages of alternative
dispute resolution
Alarm bells ring for lawyers whenever a prospective client
insists on pursuing litigation on principle, notwithstanding
extensive warnings about risks and expense of litigation.
"But why should they be allowed to get away with it?"
they say. "It's the principle of it..."
Realities of Litigation
The reality of litigation is that it is time-consuming,
expensive, stressful and has inherent risks associated with it.
Strategically it is like a game of chess, except that some people
are quite literally betting their house on the outcome.
While a court can and will usually determine the rights of each
party, right from wrong, and make findings of fact from the
evidence, to achieve that outcome will often take a year or more
and then usually have a winner, a loser, and both parties having
incurred substantial legal costs. And there may be an appeal or two
- and there is nothing more damaging
