business litigation to
personal injury claims, the go-to solution for legal disputes on most people’s minds is
to head to the courtroom and allow a judge or jury to figure out the resolution.
While litigation is understandably popular due to the finality it can
provide, it is not the only way to end your legal dispute. If your case
does not always need to go to court, what other options are there available to you?
For most circumstances, there will be three distinct paths of resolution:
Negotiation: Not interested in bringing in any legal professionals or a court of law?
You can try to negotiate with your opposition on your own time and terms
to get a solution. While the benefits of negotiation include flexibility
and low costs, the disadvantages can be quite dramatic, as negotiations
frequently deteriorate into an impasse and can go no further.
Mediation: To find a middle ground in your negotiation, introduce a neutral third-party
mediator to be the metaphorical bridge between you and the opposition.
Mediation can be incredibly effective when done correctly, as it allows
you to remain mostly in control of how the talks and agreements proceed
but also introduces an official element to the process.
Litigation: The whole point of litigation is to come to a conclusion to a legal dispute
based on how the law is written. If negotiation and mediation fail, litigation
is the only option left. Both sides can use an attorney’s help to
make their case but ultimately the decision is out of all of your hands.
Due to the “put your foot down” nature of litigation, it has
become the first choice, rather than the last, for many people.
Settlements and Verdicts
Knowing the true value of your case, or the total monetary damages you
believe your opposition has caused you, is key if you want to be compensated
appropriately at the end of your legal dispute. When you do not go through
litigation, reaching a settlement is simultaneously easier and more difficult
for all parties involved. It will be easier because you can toss out numbers
until both of you shake on it. It can be much more difficult because there
is little you can do to ensure that the settlement you are being given
is adequate for your damages.
When you use litigation to come to an end of your legal dispute, your attorney
will be afforded an extended discovery process. During discovery, all
manners of records, documentation, and evidence can be requested, collected,
and reviewed. The end goal is to know exactly what has gone wrong and
exactly what needs to be done to correct it. If you use litigation and
win a successful verdict, any monies you are rewarded are more likely
to be what you actually need, not what you thought you needed during negotiations.
Seasoned Litigators for Your Legal Dispute
At Buckley Beal LLP, our Atlanta litigation attorneys are well-versed in
both the law and persuasively argue cases to a judge and jury. We have
found in our years of practice that litigation can be an effective and
efficient means to an end of legal disputes in all manners of cases. Beyond
successfully litigating cases in state and federal courts, we have also
managed many appellate cases.
Contact us today to learn more about our litigation experience and all the legal
services we can provide for you. We are Buckley Beal, your go-to one-stop
law firm in Atlanta.