In our experience, resolving a dispute favourably is usually due to a number of factors. These are some of the factors that contribute to a successful outcome when you have no choice but to litigate.
- Respect the little things: Most successful entrepreneurs focus on the big picture, but they know that the minutiae must also be covered. They retain an expert to ensure their project is waterproof. This principle applies equally well to ensuring a successful outcome to litigation (whether that be in courtroom or at the negotiating table).
- Show no emotion (1): In litigation, as in football, never let the enemy know you’re hurting. The wise business person treats the inconvenience of litigation dispassionately and looks for positive resolutions, even and especially through real compromise.
- Show no emotion (2): The wise litigant lets the lawyer do the talking. That abusive email direct to the other side might bring fleeting satisfaction but it might also bring extended misery.
- Trust the system: The system can be infuriating, artificial, slow and expensive. But it is sure, certain and pure.
- Apply a cost-benefit assessment: Smart litigants walk away if the cost will equal or outweigh the gain. Sometimes the best response is to walk away.
- Don’t bet losses: Smart litigants don’t have to be told that there aren’t many cases that can’t win – or lose. If a ruling is adverse, it will generally be so for some good reason. Critical and objective analysis is always called for before challenging a Court decision at any level.
- Be prepared: Engage your lawyer before legal problems arise. Better to avoid pitfalls over a coffee once a month than spending (and we mean spending) a solid month in Court.
See also “How to Keep Your Legal Costs to a Minimum“.
For further information please contact Peter on 8362 6400 or email Peter Jakobsen. Join our mailing list to receive updates and advice on current issues.