Litigation is my only option, Right?

Throughout the years, people have sought attorneys to massage and rectify their issues unbeknownst to knowing and understanding that a dispute does not always equate to a retainment of attorneys and litigation proceedings. We are pressured to conform to societal expectations and false realities. Additionally, we inherit this idea that miscommunication is a norm and merits in understanding do not exist in most cases. If we feel wronged, the other party will pay. Moreover, We become cagey and aggressive and believe that suing a person will provide a quick remedy for rectification. But where is the beneficial factor in that? 

What are we gaining when seeking judicial remedies first? What if we took one step back, gained a holistic perspective, and actively pursued other alternatives to resolve conflict? Only then will we understand that prematurely seeking litigation without the entire understanding of financial ramifications causes us to lose before we start. We seek monetary damages but lose significant amounts of money to be awarded hopefully. Indeed this is a perfect example and action of being counterproductive. 

We have become so fixated on this ideology that since we believe attorneys play an advocacy position, they will stand for the cause and ethically perform on our behalf. Yes, attorneys are there to serve the purpose of high-risk litigation or other lawsuit entities requiring a judge’s opinion because possible substantial monetary issues are involved. However, even in that scenario, just because you hired an attorney does not mean the outcome of your fight will be favorable. It’s the uncontrollable factor of the unknown because, ultimately, the judge makes the determining factor. Both parties usually lose at some cost; it’s just that one’s loss is more significant than the other. 

Have you heard of “Take the Bull by its horns”? Yes, that is something we need to fight harder for in life.

We live in a time when everything is more expensive. Inflation is beginning to rock our worlds and pockets and it would behoove us to become more innovative and strategic in our pursuit of resolving conflict. Moreover, the parties should have control of their outcome and the opportunity for an amicable and productive resolution. Enter the world of ADR (Alternative Dispute Resolution), or in better and more commonly known terms, Mediation and Arbitration, where these alternatives can make a significant difference. 

Mediation and Arbitration can be substitutes against litigation in the most prominent and high-risk conflicts that trigger lawsuits weekly. Suppose there is a lack of education regarding their options. In that case, one may find themselves in the courtroom regretting their pursuit when they could have chosen an alternative to mitigate their dispute. 

Here are high-risk litigation pursuits that can retreat and find alternative resolutions, in most cases.*

Real Estate and Property Dispute  

Divorce (contested)

Automobile Accident Disputes

Business Dispute

Family Law Disputes

All these disputes promise to tear the relationships apart and cause strife and significant stress when the power is outside their control. But can be remedied successfully without litigation. I’ll speak more about the pros and cons of alternative dispute options in later discussions. 

So, how do you ultimately avoid legal ramifications and attorneys’ costs but get a more suitable and cost-effective outcome? That would be going through mediation services and being proactive before the issues exacerbate themselves. 

*ADR is an alternative so long as domestic violence is not a factor. Suppose Domestic Violence and any criminal acts present themselves within the dispute or conflict or any wrongful acts against children. In that case, it is the sole position of the judicial system to interfere in protecting children and victims of domestic violence. 

-The Impartial Lab (M.TIL)