To mediate or to litigate – that is the question

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We’ve all been there.  You are in the middle of a situation and you are finding yourself painted into a corner.  What do you do next?

Sometimes it can be hard to elect a way to resolve a dispute.  You want to stand firmly by your principles and the fact that you know you are right!  However a further part of the thought process needs to be this – litigating a point of principle can be very expensive and the process can be a very long term investment of time, emotion and money.  Litigation can be a very emotional process.  It can be satisfying to stand up and stick to your argument.  However there is never any guarantee of success and it can be a costly loss if you are not successful.  Sometimes however the risk is worth it.

On the other hand, alternative dispute processes, such as mediation, offer a different route.  Through negotiation and discussions overseen by an independent party, a compromise to the dispute can often be found.  This has the advantages of being more efficient and effective from the perspective of finding a way to resolve the dispute and allowing you to move on. However compromise by its very nature will require you to let some of those principles go or to reduce your expectations.  The most difficult thing in any negotiated settlement process is almost always making sure you leave emotion at the door and deal with the facts.

There is no right or wrong answer here.  Each route has its pros and cons and must be balanced in the fullness of the circumstances.  At WRMK we have a specialist team of litigators and mediators who will be able to help you reach a decision about the best way to proceed.  Give one of us a call and we can work with you to help you out of that corner.