The Law is there to regulate our conduct and ensure order and justice, it does this by putting in place dispute resolution procedures. Legal disputes are always just a moment away from arising– whether they happen in personal relationships, professional environments, or broader societal contexts. Before or when they do arise, there are important factors to consider. What are those factors, how should you balance them?
In this article, we will consider these important questions to enable you to be better informed to take appropriate steps should you be faced with a legal dispute.
WHAT IS LITIGATION AND HOW DOES IT WORK
Litigation, more recently referred to as the practice of dispute resolution is probably the spotlight of legal practice and one of the oldest legal practice crafts.
Litigation, usually the default option for dispute resolution: means approaching a court of law to settle a difference between two or more persons. This takes place when those people have failed or cannot resolve their issue between themselves. Essentially, they hand the power and authority of determination to a third party– a judicial officer (judge or magistrate) who then presides over their matter according to predefined procedures and issues a judgment after having considered the facts, evidence and arguments if the parties have not entered into an arbitration agreement.
Litigation involves detailed court rules, which provide for detailed steps aimed at allowing the parties to present their facts, evidence and arguments before the court, including:
1.The initial issuing of documents, the forms to be used, the timeframes for the filing of the court documents;
2.Inspection and production of documents, etcetera.
Lack of compliance with the rules in place may lead to further procedural disputes.
This area of law is highly specialized, technical and not inexpensive. With legal disputes being so often, our Constitution makes it an inherent right for anyone to approach the courts to have their day and disputes decided on. Although this is a right, should you at any rise of a dispute approach the Courts, is it worth it? Is it economic? Are there suitable alternatives? What should you consider?
KNOWING WHEN TO FIGHT AND WHEN TO NOT.
Some disputes involve gross violation of rights and interests, some prove to be just a matter of principal and interest, others are purely academic or argumentative, they serve prides and personal whims– the so-called boasting rights amongst neighbours, colleagues, partners and so forth.
One inspired source indicates that: “beginning a fight is like opening a floodgate, before a quarrel breaks out, take your leave.” It encapsulates the essence of litigation practice and necessary considerations. Firstly, when you decide to take someone to court, you open a flood gate. That act associates with involving lawyers that render services at a fee, subjecting yourself to procedure, timeframes and compliance with the court rules and it takes emotional toll on the emotional and psychological well-being of an individual involved in this process. Secondly, you must ask yourself; is this fight worth it?
Choose your battles, you simply should not argue over everything– even though you can. Choosing your battles wisely is an art that involves discernment — the ability to recognize when to confront an issue and when to step back. It is not about dodging all conflicts, but about judiciously allocating your energy, time, and resources to address only those matters that genuinely matter.
If the fight is simply about being petty, pedantic, trivial arguments, the difference of opinion, clash of cultures or values. It may be best to consider how much would engaging that dispute cost, financially, time wise, reputationally as well as the emotional and psychological cost. If the fight costs you more than what you will get for winning, then know when to surrender. Learn to let things go. Sometimes it is not you just giving in to whatever dispute or surrendering, it has more to do with you learning to switch your focus to something else, more important. This is the equivalence of taking your leave or the ability to move between being a disputer and doing better.
WHAT IS THE MOST SECURED WAY OF MAKING AN INFORMED DECISION?
Whilst it is important for you to consider carefully the nature of your dispute and its worth, it is equally important that you do not make a decision arbitrarily. Although it impacts your life, your knowledge of this specialized field of law may be limited, and the decision you take may have great legal impact and consequences.
Accordingly, it is best that, in whatever legal dispute or issue you may have or encounter, seek the advice of an expert legal practitioner to properly advise you on whether the fight is worth it or not. Doing so may prove economically sound and effective. It will also ensure that in whatever decision you take, you know your decision will be accurately informed.
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