If you’re in commercial litigation, it’s natural to feel uncertain about the legal process and the outcome.
But there is also uncertainty that can suggest warning signs that you are not on the most effective pathway to resolution.
So how do you tell the difference? Use this four-step framework to understand if your litigation is on the most effective path to resolution, or if there may be warning signs.
1. Is it your dispute?
Do you understand your objectives, and are they mutually agreed upon with your lawyer? Are the steps in your dispute consistent with your objectives, and other priorities you may have? Do you feel included? Are you receiving communication that allows you to make informed decisions?
2. Have you mapped out a clear pathway?
Is there a plan for resolving your dispute? Do you understand the timing and conditions that will make a dispute more likely? Are there alternatives to resolving your dispute outside of mediation or trial?
3. Do you understand the risks?
Do you understand what questions a Court will be required to answer to determine your dispute, what information it will rely on to answer those questions, and your ability to influence the outcome? Do you understand the weaknesses in your position?
4. Do you have certainty around cost?
Do you know what you’ve spent to date, and what you can expect to spent to get to resolution? Is this amount proportionate to the issues in dispute? What are the risks of future costs blowing out? Can you contain these risks?
Then, what does the most effective path to resolution look like?
– An agreement between you, your lawyer and any other important stakeholders about the objectives, with each step in the process directed at achieving those objectives.
– A clear map to resolution, including alternatives. You are always aware of the next step.
– You’re armed with the information, advice and intelligence to make information decisions about the risks you face.
– You have some confidence about the investment required and the risks of costs increasing, and this amount is proportionate.
To get immediate clarity on the pathway to resolution of your commercial or tax dispute, contact Aptum.
