Dynamic Solutions in Conflict Management and Dispute Resolution Services

The potential disadvantages of litigating a case 

On Behalf of | May 16, 2024 | Alternative Dispute Resolution

Legal cases of any kind are often viewed as battles that occur in the courtroom. While there is some truth to this, the reality is that most cases are settled outside of court. 

There are several reasons for this, but much of it comes down to efficiency. What are some of the main disadvantages of litigating a case? 

The time it takes

The courts have a heavy caseload. While every case is eventually heard, this can take a considerable amount of time. From filing the paperwork for a case to receiving a verdict, it can take well over a year. Civil cases that pass through U.S. district courts have a median length of 27 months

Someone generally loses out 

The courts typically address civil disputes in an impersonal manner. The facts of the case will be heard and the law will be applied according to those facts. In a process like this, nuances can be left out. In cases involving business disputes especially, the personal circumstances of parties involved in the dispute may not be considered in great detail. Generally, this means that at least one party risks losing out. 

There is little chance of relationships continuing

Parties involved in litigation can perceive each other as enemies. Often, this really isn’t necessary. In a business dispute, this could mean losing a valuable client forever once the case has been concluded. 

What are the alternatives? 

Fortunately, there are alternatives to litigation such as mediation and arbitration. The benefits of these legal processes is that they are less formal, more mutual, less expensive and typically more efficient. Of course, whether you can take advantage of alternative dispute resolutions will largely depend on the circumstances of your case. 

Seeking legal guidance will help to provide you with a better idea of your options.