It’s been some time since I’ve blogged about litigation. In that blog, I talked about the difficulties of litigation, and no one wins. I have jokingly said that the people who win at litigation are the attorneys representing each side. The reason is that even if you succeeded in litigation, the time, money, and stress almost doesn’t make up for the victory.
The other reason I was thinking about a blog on litigation is that it is a ‘warning’ for people who want to sue. If you want it done quickly, litigation is not the way to go. In one of my cases, the Court just gave me a trial date of April of 2026. You read that correctly – 2026 – almost two years from now. If you’re hoping for a quick resolution, then litigation is not the way.
How do you get around litigation? Getting a mediation clause into all your contracts is important (not arbitration because you think you’ll save money, but it could cost you just as much). You get the parties in front of a neutral third party, and usually, the issue is resolved.
As I tell my clients, yes, you will take less money, but you get that money now instead of two years from now. It’s almost counter-intuitive to push for a resolution because the quicker the case is resolved, the less money I will make. But I want litigation to be over just as quickly as the client does. Instead, I’d focus on the business side with my client rather than fighting with others.
Please let me know if you have questions on mitigating litigation risk – especially getting a mediation clause in your contract.