Pre-Litigation Tactics – What to Do Before Going to Court

Business disputes can easily lead to expensive litigation. Using the right tactics before going to court can save you a great deal of time and money. Here, we’ll discuss some effective pre-litigation tactics to help you achieve a positive outcome in the event of a dispute.

Before Pressing Charges

Ideally, disputes should be resolved before they turn into full-blown courtroom trials. If it seems like litigation may be a possibility, consider these tips and tactics first.

Define Success

First of all, take some time to truly define what success looks like in your situation. Winning a dispute doesn’t necessarily mean making the other side pay damages. In fact, that’s often the most destructive course to take since it could lead to a drawn-out legal battle that costs both sides dearly.

Instead, look at what it would take for your company to come out of the situation with minimal losses. Doing so will help you stay focused and avoid falling into the mindset of winning at all costs.

Communicate with the Opposition

Open communication is vital to resolving disputes, particularly if you take the route of mediation. Often, communication is given to the mediator in confidence, but that can keep the other party from seeing your stance on the issue. It’s best to have them consider your position early on than try to offer a different viewpoint in the middle of a hearing.

Exchange Documentary Evidence

When entering into mediation, it may be useful to exchange documentary evidence. Doing so can help the opposition understand your position in the dispute, making the proceedings more productive. If nothing else, exchanging this evidence is important to the discovery process anyway, so you might as well share it now.

Before Going to Court

If litigation seems inevitable, these tips can help you find success and keep costs to a minimum.

Be Objective About the Facts

First, objectivity is key. Be careful to consider all the facts related to your dispute, not just those that support your side of the issue. By considering all possible angles as honestly and objectively as possible, you’ll avoid blinding yourself to the opposition’s potential arguments.

Consider Pretrial Motions

There are a number of pretrial motions that may be worth considering. A few of these include:

  • Motion to Suppress (to avoid having certain items used as evidence)
  • Motion to Dismiss (to get the case dismissed entirely)
  • Motion for Change of Venue (to change the venue where hearings will take place)

These can help improve your chances and avoid losses if they go through. Of course, using the right arguments and involving an attorney will help with that.

The Most Important Pre-Trial Tactic

While it’s important to be able to diffuse disputes when they occur and maximize your chances of success when litigation seems imminent, there’s one last tactic that is important to consider long before any disputes occur at all. That tactic is careful preparation.

By keeping tightly within the bounds of agreements and regulations and having a plan in case disputes occur, you’ll be in a much better position if you should ever face litigation. An attorney experienced in dispute resolution and litigation can help you achieve that.

If you have any questions on how you can best prepare for business disputes, contact Hart David Carson LLP today.

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