Things to Consider Before Filing

a Civil Litigation

Civil law is not the same as criminal law which deals with punishments for crimes that threaten,

harm or put to danger the safety and welfare of people. The fear of getting sued is legitimate,

given the long and tiring lawsuits, substantial legal fees and inevitable loss of credibility. Civil

litigations mainly arise from dispute between individuals relating to business, property or

society. For example: a tenant-landlord dispute or a neighborhood spat could amount to a civil

suit being filed if the grounds for filing a suit are proper.

Of course, getting sued does not automatically mean that one would be ending up in court.

According to statistics, majority of cases don’t make it to trial. A ballpark figure of 90 to 95 per

cent cases are resolved by out-of-court settlement, dismissed, abandoned or settled without a

judge or jury.

Before getting on with the blame game and twisting the company law to one’s advantage, it is

imperative that he / she stop to assess the responsibility and accountability. It is not wise to put

a relationship at stake for short term advantages. Instead, one should resort to better

communication and discussion in order to resolve issues of infringement of company law,

unless the case is too big to be neglected. The conflict should be put in perspective by keeping

in purview the overall relationship and shared overlapping goals or mutual benefits.

Also, litigation is heavy on pocket. So before embarking on this journey, one must prudently

explore all avenues of negotiation.

Dispute Resolution System is a relatively new means of resolving disputes out of court, by

mediation or arbitration and is serving as a good alternative to traditional civil litigation process

which is pretty lengthy. Dispute Resolution System serves as a fair alternative to it. It is a less

expensive and money saving practice and it discourages litigation of frivolous claims. The two

disputing parties can participate in the process in order to consider the consequences, reach a

settlement and control the outcome of the case.

In case the initial procedure does not help the conflicting parties reach a settlement, it is

advisable for both to take professional help and benefit through its experience if the case goes

to trial. These professionals are well-versed with all the intricacies of the law and use their

wealth of knowledge and experience to add advantage to their client’s case. There are

specialist civil litigation lawyers out there for each different segment including property

disputes, disputes on agreements and contracts, tax matters, employer-employee disputes, etc.

thus one must take into account this factor before moving forward.