The Pros and Cons of Litigation

The pros and cons of litigation

Nobody likes having to take legal action against another party because of some dispute, but sometimes it is the only course of action available to resolve the situation, however, it is not something to be rushed into. Although the ultimate advantages may include seeing justice done, re-establishing your rights and returning your life to normal, and even receiving a substantial financial sum in compensation, litigation is still a gruelling and frequently unpleasant task. Engaging a good solicitor can relieve you of many of the burdens of litigation of course, but still, it is not an option to be entered into lightly.

When might you consider litigation?

There are many situations when legal action may be considered necessary. These might include a dispute with your employer over unfair dismissal, discrimination or harassment at work, or if you feel you've been injured while doing your job because your employer did not take due care and precautions. Other personal injury claims, where you feel another party was responsible for causing your injury, are also grounds for litigation; not only because you may be entitled to compensation, but because your action may prevent another person from being injured in similar circumstances. Building disputes, disagreements with landlords or neighbours, and the act of contesting a will could all also require litigation before they can be resolved.

What are the alternatives?

If the situation is too serious to be amicably resolved, then in some cases dispute mediation may be the answer. This can also be provided by a solicitor and is usually cheaper and easier than litigation. In essence, this means that a third party hears both sides of the dispute and offers an unbiased, objective solution in accordance with the law. The downside is that this solution is not legally binding, so neither party is bound to recognise or act upon it and there may be situations where mediation is not appropriate and litigation is necessary.

Taking a case to a civil court can be an expensive business so efforts to resolve a situation without taking legal action should be a priority. The advice of a solicitor should always be sought to try to avert a situation where a legal case becomes the only available course of action. 

Should you need any advice or assistance regarding a litigation matter, please contact Richard Gregory, who will be happy to assist. Richard can be contacted via telephone: 01264 325811, email: rgregory@bsandi.co.uk or via the general enquiry form on our website.