Disputes are a common occurrence and they can arise in various forms, such as commercial settings, in personal life or criminal disputes. When a dispute happens, parties often seek to resolve it through litigation, which involves a legal process where a Judge decides the outcome. However, litigation can be a costly and time-consuming process that may not always result in a favourable outcome.

One of the primary considerations when deciding whether to litigate a dispute is the cost. Litigation can be a costly process, as it involves instructing a legal adviser, paying court fees, and potentially paying damages if the claim is lost. The cost of litigation can quickly add up, especially if the case is complex and goes on for an extended period. Therefore, parties must weigh the cost of litigation against the potential benefits of winning the case.

Success rates

Another consideration when deciding whether to litigate a dispute is the likelihood of success. Although you may feel morally justified in your position, the legal system may not always align with one’s moral beliefs. Therefore, it is essential to consider the strength of your case before deciding to litigate – obtaining legal advice can be very helpful here. Factors such as the strength of evidence, the credibility of witnesses, and the legal precedents all play a significant part in determining the likelihood of success in a case. If the claim has a low chance of success, it may not be worth the risk and cost of litigation however strongly you feel about the principle.

Personal impact

It is also important to consider the potential personal impact of the dispute. Litigation can be a stressful and emotionally draining experience that can have long-lasting effects on the everyone involved. Even if you believe that you are morally right, the toll of litigation on mental health and wellbeing may not be worth the potential benefits of winning the case, particularly if the legal position isn’t strong.

Alternative dispute resolution (ADR)

In some cases, alternative dispute resolution (ADR) methods such as settlement offers, mediation or arbitration may be a more cost-effective and efficient way of resolving a dispute. ADR methods can often be less adversarial than litigation and can help to preserve relationships between the parties involved.

In conclusion, when deciding whether to litigate a dispute you morally believe is in your favour, it is essential to consider the cost of litigation, the likelihood of success, the potential impact on the parties involved, and the availability of alternative dispute resolution methods. Ultimately, the decision to litigate should be made based on a careful consideration of these factors, and parties should seek professional legal advice to help them make an informed decision. While it may be tempting to pursue a moral victory through litigation, the costs and risks involved may not always justify the pursuit.

We are experts in advising clients not only on their legal position, but practically on all other relevant considerations involved in pursuing disputes. We will always advise you from every angle and help you to decide whether a dispute should be pursued legally or not.

To learn more about how we can help you, contact us today. Call 01302 320621 or email help@switalskis.com