It may seem odd to have an attorney talk about the benefits of not litigating a case, but I spend a lot of my day having this discussion with my clients. Unfortunately, in our society, litigation is a part of everyone’s lives. Everyday I listen to people considering suing someone to resolve their issue. Litigation should be a last result and several factors should be evaluated before you commit to filing a law suit.
Is it worth it? First you must weigh the financial and emotional strain the litigation will place on you compared to the possible results. Even if someone has “wronged you”, the aggravation of a lawsuit may make pursuing them cost you more than it would them. Litigation can take a very long time and does not ensure immediate resolution of your issues. It is also very stressful and no amount of justice is worth your health.
Have you tried other resolution methods? Las Vegas has many avenues available for Alternate Dispute Resolution or ADR resources. ADR can be anything from simple written requests for settlement to formal arbitration hearings.
Depending on the situation there may also be state agencies to which you can address your complaints.
Licensed professionals have their own regulatory systems which may be a perfect place to air your complaint. For example, let’s say you pay for a new lawn installation from a licensed contractor. If you are unhappy with their work, you can contact the contractor’s board and an investigator will review the situation, then a hearing with be conducted on your behalf. Civil litigation is not necessary unless you are unsatisfied with the results of that action.
You can use a mediator who is an independent third party. A mediator will help the parties settle their disputes. Mediators are very useful in family law matters. In those matters, it is in the family’s best interest to keep things as civil as possible and to have the mater resolved as quickly as possible so as not to disrupt the lives of the children. All of these ADR options will save you time, stress, and money.
Lastly, Can you Ever Recover? Even if you successfully transverse the world of litigation and get a judgment in your favor, you may never be able to collect on the funds due and owing to you.
Unfortunately, in this economy, many individuals have no assets or are filing bankruptcy, so even after you have a judgment there may be nothing for you to collect. Filing litigation for the sake of principal is not usually in your best interest. Finding ways to resolve your issues without litigation can be easier, cheaper, and less stressful for you. Of course there are situations where litigation is unavoidable in those situations hiring an attorney is imperative to protect your rights.
