When you become involved in commercial litigation, a resolution must be reached so that the dispute can be resolved. A disagreement may be settled during binding arbitration if the parties agree to arbitrate either in a prior contract or when the disagreement arises. Conflicts may also be settled through mediation, which involves the parties working together to resolve their differences, or through litigation.
For many parties who are trying to resolve a dispute, the option arises to settle cases out of court. This may be done through mediation or through your attorneys working to negotiate a settlement before a judge or a jury comes back with a verdict. There are many benefits associated with settling cases out of court, but this is not necessarily the right approach in every situation. It is important to speak with an attorney before you settle your case and to carefully evaluate your options for how best to resolve your commercial legal issues. Sepahi Law Group, APC can provide assistance and advice in negotiating a settlement, litigating a case and deciding whether to settle. Call today to schedule a consultation and learn more.
Is There Pressure to Settle Cases Out of Court?
Within the field of commercial litigation, it is common to settle cases out of court. Settling outside of a court setting can keep costs lower because there will be no need to pay legal fees throughout a protracted trial. A settlement can also make it possible for the parties to keep the disagreement confidential, since a condition of settling may include signing a nondisclosure agreement. Avoiding a public airing of grievances and ensuring that there is no judge ruling against one party in a conflict can be big benefits to companies that want to protect their reputations. When you settle cases out of court, you also control the risk- you don’t have to worry about a jury deciding on a very large settlement since you must agree to the amount of money (if any) that will change hands to resolve the case. Finally, if you are able to work together with the other parties to the disagreement, you may be able to preserve business relationships and create a compromise that is a better resolution for everyone.
Because of the myriad benefits associated with settling cases without going to trial, companies may pressure decision-makers within the organization to try to settle disputes without going to trial. However, every case is different and it is very important that you make informed choices about what is right in your particular individual situation. An attorney should never pressure you to settle cases out of court, although your lawyer should carefully explain your options and the pros and cons of each approach to you. You should also ensure that you have carefully read over every settlement agreement and had it reviewed by a qualified legal professional as a settlement is generally final and you cannot change your mind once a case has been settled.
An experienced commercial litigation lawyer at Sepahi Law Group, APC will assist you in deciding whether to settle your case and in making informed choices throughout the settlement negotiation process. Call today to schedule a consultation and learn more about how a lawyer can help.