Some companies prefer an out-of-court settlement as a rule of thumb; they just do not opt for litigation regardless of the strength of their case, or the situational requirements that might make litigation a more desirable option. While we will readily agree with a decision to opt for alternative dispute resolution instead, there are certain situations where you just cannot avoid litigation. There are also certain situations where you should readily opt for litigation as a means to approach a dispute with an opponent. Let us approach these situations and see what we find, before the inevitable consultation with a reliable law firm in Alberta.
1) Your Case is Strong
The primary reason certain law firms in Alberta recommend an alternate course of action is that your case isn’t as strong as you thought it was, and that makes complete sense since you have a fair chance of draining invaluable financial resources. That being said, what if your case is actually strong? Why would you want to walk away with a half-win if you are likely to walk away with a resounding win? You might not be a legal expert to know for certain if your case is strong, and hence a consultation with a law firm is certainly in order.
2) Cost/Benefit Evaluation
A thorough evaluation of costs and benefits likely to be incurred and enjoyed respectively is perhaps the primary rule of engagement for most entities. Why should a legal dispute be any different? Consult a law firm in Alberta to know your case strengths and weaknesses better. A cost/benefit evaluation should help resolve your uncertainty about going for a general litigation instead of an alternative dispute resolution. If a standard court case is more likely to benefit you, why would you not opt for it?
3) Alternative Methods Exhausted
Under circumstances where all alternative dispute resolution methods have been explored, examined, tried out, and failed, it certainly qualifies as a situation where you cannot avoid litigation. To be more thorough with the decision, you can also revisit the scope of an alternative dispute resolution such as mediation and arbitration with your rival, perhaps stating its benefits for both parties involved. However, if that doesn’t yield results, litigation is inevitable.
4) No Qualms with Publicity
Court cases, particularly the sensitive ones, are simply invitations to endless publicity and media frenzy. In certain cases, depending on the nature of the dispute, such publicity is highly inadvisable and could lead to a negative image of you or your company. However, if your case is not sensitive in nature, and if you don’t particularly mind the finer details of the dispute going public, general litigation is a harmless course of action.
Clearly, there are certain cases where litigation is inevitable, while in other cases it’s the preferred option. Consult an established law firm in Alberta before communicating with your legal opponent, court cases are increasingly complicated, and communication must be specific and measured.