Weighing up Litigation could lead to Mediation

An article by Marwa Elzankaly of McManis Faulkner, in The Recorder provides ten tips for attorneys when helping clients to weigh up whether to litigate a case or not. She notes:

“Determining the best way for your client to resolve conflict and whether to proceed with litigation is a business decision that must be made with the big picture in mind. It is imperative to evaluate your client's goals and assess any potential business impacts. Litigation is serious business. In the midst of high emotions over a deal gone awry or a competitor's unscrupulous methods, it is important to help your client take a deep breath and carefully weigh some key factors."

She also notes that: “If litigation is not feasible, there may be alternative methods to pursue, such as rearranging business operations or taking preventative action.”

Further, “cases are often resolved early on or without litigation. Discuss with your client how this can be done without compromising their case. Rather than sending angry emails or making threats, a simple phone call may get the parties talking. You may be able to resolve the matter informally through early mediation or other alternative dispute resolution. Sometimes, opposing parties are even able to reinstate their working relationship."

The article notes that decisions about how to resolve conflict and whether to pursue litigation cannot be done in a vacuum. A Lawyer must consider the needs of the client's business.

The Tips can be READ HERE at the Recorder website, and include the following:

1. THE LAW AND THE FACTS

2. EXPENSE

3. DISRUPTION TO YOUR BUSINESS

4. ULTIMATE GOAL

5. PUBLIC PERCEPTION AND REPUTATION

6. RELATIONSHIP WITH THIRD PARTIES

7. RISK OF DIVULGING PROPRIETARY INFORMATION

8. OPENING THE DOOR TO MORE LITIGATION

9. THE OPPOSING (OR CO) PARTY

10. STRATEGIC RESOLUTION

Melanie Nathan - nathan@privatecourts.com

#McManisFaulkner #conflict #litigate #mediate #family #mediator #MelanieNathan #MarwaElzankaly #mediation

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