The best way to know if litigation is the right option for your situation is to ask your litigation lawyer what other possibilities exist. You may not be aware of all the different options available to remedy your legal disagreement. A good litigation lawyer, however, will be able to offer advice on which route might best suit your situation. Below is a list of alternatives to litigation that you may wish to talk to your litigation lawyer about.
Mediation
Mediation employs an independent and impartial person to assist the communication between two parties, without infringing on their legal rights. The mediator does not offer advice, but simply offers up options to help the parties reach a conclusion to their disagreement. Mediation is a good option when complex issues are at stake, when parties are in regular contact, or when multiple parties are involved in the issue. Mediation is affordable and can work quickly, and so it should be tried for most legal disagreements as a first option. Matters that do not get resolved can be referred on for arbitration or litigation with the help of a litigation lawyer.
Arbitration
Arbitration is similar to mediation except that it involves parties accepting an imposed settlement by contract. The arbitrator chosen will be an expert in the field relevant to the dispute. Arbitrations happen in private and can be competitive. The arbitrator hears all the evidence and makes a decision on who they agree with out of the parties involved. Usually, the decision of the arbitrator is legally binding. You can find out more about arbitration from your litigat
Family Dispute Resolution (FDR)
Family dispute resolution is a process for helping divorced and separated couples to sort out legal disagreements. These disputes can cover topics such as property, money and children. FDR is a less stressful and more private option compared to going straight to a litigation lawyer. Sometimes a court proceeding may order FDR to prevent further appearances in court. Talk to your litigation lawyer about this possibility if you’re divorced or separated and have an issue with your ex-partner.
Collaborative Law
This is a legal process designed for couples who are separating or divorcing, and it involves working with their lawyers to come to a settlement that meets everyone’s needs – including any children in the equation. The idea is to avoid the stresses of litigation. It’s a voluntary process that involves signing a contract as proof of commitment, and voiding the right to have their lawyers represent them in any family related litigation. Collaborative law is different from usual mediation in that both parties have the help of a lawyer in the former. Ask your litigation lawyer for more information if you feel collaborative law could help you.
When Litigation is the Only Option
If other interventions fail, then you may need your litigation lawyer to guide you through the process of litigation. Sometimes a party will refuse to agree to a negotiation style settlement. In that case, you will have to get the advice of your litigation lawyer on how to proceed. Settlements do have a number of positives, such as less cost and a quicker process, but sometimes litigation is the only option when one party cannot compromise.
