Although this may be true, it does not offer any strategic insight into why a party might choose litigation to resolve a dispute. In my view, litigation may be the most strategic choice if you want to:. Set a precedent You are right or at least you think you are right and you need to set a precedent the will preempt or discourage similar future claims, or send a particular message to others about you.
Litigation may be the only avenue to obtain protection that others will see and respect. However, litigating a patent can also be a double-edged sword if a patent is found to be invalid. Resolve a Public Policy Issue Issues of public policy are often impractical to address through legislation or other authoritative policy-setting methods, as both can move at a glacial pace or require huge budgets and expertise that is out of reach for most individuals and businesses.
Sometimes you may have to resort to litigation to make your public policy point. Perhaps the result will be worth the turmoil, but not always. There is a cost to the added stress, heartache, and negativity that accompanies litigation that must be considered. I have been fortunate to be on the winning end of most cases. Ultimately, you are putting the decision in the hands of a person or people you have never met before.
There is usually a better way. As noted above, almost all cases settle. The question is usually when. I have seen many cases settle on the eve of trial with a result that could have been achieved before a lawsuit was filed if one party or the other or both had been more reasonable or even made the effort to try to work it out before racing to the courthouse.
Failure to communicate — by parties simply talking to each other there is less risk of misunderstanding and misconception, which might ordinarily result in a party pressing the nuclear button. Holding out for more than one needs or deserves — very often a dispute resolves on the steps of the court on similar terms to what could have been achieved at a much earlier date and perhaps even before litigation commenced.
Pre-empting Litigation Step into the shoes of the other party — try to be as objective as possible in consaidering their position. Improve the way you communicate — pick up the phone and try to resolve the matter before proceedings are issued. Experienced lawyers or mediators can help with this.
Carry out an analysis of why it is that you have found yourself involved in the dispute. Deal with disputes or threats of litigation promptly — head them off at the pass!
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