It’s common to want to avoid litigation whenever possible. You might want to keep things amicable, whether proceeding with a divorce or administering a deceased loved one’s estate. However, sometimes pursuing legal action to protect your interests is necessary.
Although many choose dispute resolution methods such as arbitration or mediation, filing a lawsuit might be the better option in specific circumstances. Below, we’ve listed some of the advantages of litigating your case instead of trying to settle the matter outside of court.
Resolving a dispute requires cooperation from both parties. However, you or the other person involved might not agree to the proposed terms or be unwilling to try to negotiate with a mediator or arbitrator. If you can’t reach an agreement, the next step is a lawsuit.
Litigation forces opposing sides to cooperate. Although they might still disagree with specific aspects of the case, a judge will mandate particular requirements and deadlines each person must follow. Those deadlines can force progress, so the matter doesn’t drag out unnecessarily for months or years.
Strict Evidence Guidelines
The evidence presented during lawsuits must meet stricter guidelines. During alternative dispute resolution, a mediator might allow documentation a judge would never approve as evidence at trial.
If you have a strong case, litigation can work to your advantage by allowing you to use the substantial evidence at your disposal to support your arguments. Questioning the validity of your case or disproving your claims would be more challenging for the other party.
Matter of Public Record
You maintain privacy if you settle a dispute through mediation or arbitration. Although the documents filed and presented during litigation become public, filing a lawsuit can be beneficial.
A lawsuit provides clear documentation of every aspect of the matter. Once a judge has made a determination about what the facts are and come to a decision, the matter is over. Each party must follow specific procedures and adhere to the judge’s orders on the case.
Sets a Precedent
Litigation results create permanent records in the courts. Depending on the court and the type of case, litigation sets a precedent for future cases. This could allow you to point to previous lawsuits that support your arguments.
Using the appropriate precedent to support your case can help resolve the matter more quickly. When you have decisions from previous cases to bolster your own claims, allegations, or defenses, it is harder for the other party to dispute them, particularly if the precedent is precisely on point for your case.
Whether the judge rules in your favor or the other party’s favor, you know there will be a decision in a lawsuit. Unlike negotiations or mediation, litigation offers a clear-cut end to the process. The judge will rule on the matter no matter what. It might take a while, but you know you’ll be able to put this issue behind you eventually.
Ability to Appeal
If you’re satisfied with the outcome, the ability to file an appeal likely isn’t an advantage of litigation. However, you can appeal the court’s decision if you believe the judge’s decision was reached in error
Common reasons for appeals include:
- The judge made an error while interpreting or applying the law to the case
- The court didn’t follow the proper procedures
- There is substantial evidence no one presented
- The opposing party withheld vital information or lied
Learn More About Your Legal Options
At Hargrave Law, PC, we have over 15 years of experience representing Bedford clients in civil lawsuits. We can review your case and determine whether litigation is suitable for you. You will receive legal advice, guidance, and support during each stage of the process. We will protect your rights and fight for your desired result.
Call us at 817-282-0679 right now for a confidential consultation to get started on litigating your case.