Negotiating vs Litigating

Civil disputes between parties are usually resolved by informal negotiating, negotiating with mediation or litigation proceedings in the courtroom. Business, commercial and financial disputes, landlord –tenant disputes, disputes emerging from legal separation and many other legal and civil disputes are almost always settled by one of these two methods. Disputes are never ideal, and the quick resolution of the issues involved is often in the interest of both parties, especially in cases of legal separation where a long disputation can exacerbate an already difficult situation. The differences between negotiating and litigating are related to both the process and eventual outcome. Keep reading to learn more about negotiating vs litigating.

Negotiating vs Litigating: Procedure and Process

Negotiating vs litigating
Negotiating benefits both parties.

When a dispute arises between parties, the first step is for each party to agree to negotiate through the dispute. Sometimes, disputes can be contentious enough that mediation is required. The job of a mediator in negotiation is to open and improve dialogue between the parties and lead them through their differences to a settlement that yields the favorable outcome, whether legal, financial or contractual, for each party.

No matter if the negotiation is mediated or unmediated, in order to reach a resolution, both parties are going to have to grant some concessions. Negotiation is a way to barter through disputes. In most cases, neither side will get everything they want. A successful resolution, however, means that each party realizes that what they conceded in negotiations is not worth the time and cost of litigation proceedings.

Litigation is necessary if either the negotiations fail or one or both parties refuse to negotiate.

Negotiating vs Litigating: Procedure and Process

negotiating vs litigating
Litigation usually results in a winner and loser.

A dispute moves to the litigation domain if the negotiations are unsuccessful or if the dispute is so toxic and contentious that neither side agrees to negotiate in the first place. While in some cases negotiation does not require an attorney, due to the legal procedure and courtroom formalities, litigation almost always requires the knowledge of a litigation lawyer. In most cases, litigation results in the dispute heavily favoring a specific party.

Negotiating vs Litigating Resolution

When it comes dispute resolution, negotiating is nearly always the better option. Negotiating is informal and less costly. It does not require court oversight. The parties are the primary authorities and they can plan the negotiations around their schedule and priorities. Another benefit is that negotiations are private and protect the privacy of both parties in the dispute

Litigation, by comparison, is a public proceeding. The records of the court litigation are therefore public records and available to anyone. Further, in contrast to negotiation where a mutual resolution is reached, litigation has clear losers and winners. The court will decide who has the better case and legal claim and impose an order on one or both parties.

Negotiating and Litigating with Kalicki Collier Law Firm

Whether you need to negotiate or litigate, the attorneys at Kalicki Collier can help through to resolution. The law team at Kalicki Collier has decades of experience litigating commercial, business, real estate and family law and trust and probate disputes. A speedy and positive resolution to your dispute is our highest priority. Contact us today and get the quality and negotiation and litigation services you need.


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