Disputes can get very heated and nasty. Claimants often have an overpowering desire to push a dispute into a court room and get justice for wrongs done to them. Defendants want to strenuously defend themselves and what they believe in. They then both look to a judge to agree with them and give them an almost magical revenge against the other party.
It is this idea of civil litigation and dispute resolution that needs to be quelled. And fast.
Those more familiar with the civil litigation process know all too well that litigation should most definitely be a last resort. Court rooms are cut-throat places where 'facts' are few and far between. Justice for one party is -in most cases- the complete opposite of justice for the other. This means that at least one party will feel betrayed and abused by the system, rightly or not. To add insult to injury, you may even be asked to pay your opponent's legal costs on top of being found to be in the wrong in a court of law.
This is why I am a strong believer of trying to avoid litigation at practically any cost. You can never say with absolute certainty that you will have success in a claim or defence. Indeed, the conflict in the matter is the very reason it is a dispute in the first place! There are many forms of alternative dispute resolution (ADR) that should be considered very seriously before the matter ends up in court. Moreover, the civil procedure rules encourage ADR, and give power to the courts to penalise parties who fail to properly consider alternatives to trial.
Many types of ADR exist, and the chances are there will be a method that suits your particular dispute. The advantages of ADR over litigation are numerous: cheaper, quicker and more flexible are some that spring to mind. Commercial considerations should also be taken into account: is it really worth wasting so much time and money pursuing a supplier in breach of contract when you could instead simply renegotiate the contractual terms and continue swiftly on with your business?
In short, make sure that you start the litigation process in the right mindset, fully aware of everything that it entails and very clear about your objectives in pursuing remedies for the dispute.
