LITIGATION

When a case is litigated, a judge (or sometimes a jury) makes the final decisions.  There are strict rules of evidence that govern what information is presented.  The parties lose the ability to fashion an agreement themselves to a trier of fact who will only minimally get to know them and their family circumstances. Litigation, however, is an important part of the dispute process for those parties who cannot find a way to settle their differences or there is a demonstrated need for protection from bullying or abusive behavior.  The fact that a judge or jury may become the decider can also help parties and attorneys more realistically assess their risks/benefits in evaluating a proposed settlement offer.

Most cases settle before they go to trial, but the process of marshalling documents, witnesses, etc. in anticipation of trial comes at a high financial and emotional cost. Litigation is expensive and the focus on the negative aspects of the other party can be psychologically challenging as well.

An initial consultation with an experienced attorney can help clarify if litigation is the best choice for your particular circumstances.