Why take the shortcut and settle?

There’s no mistaking, the prospect of settling a complicated dispute can be daunting. But the alternative way of ending a dispute by airing your dirty laundry through court proceedings, in full view of a judge, can be time consuming and costly, with the added disadvantage that there can sometimes be little certainty of success.

Many disagreements can be, and often are, negotiated and successfully settled without ever having to start court proceedings. The first stop is to carefully examine the factual and legal issues arising from your dispute and develop an appropriate strategy. For the most part, having your case ironed out in front of a judge at a court hearing will and should be a last resort. Often the main objective will be to reach an amicable settlement, although in some circumstances court action is the only viable option.

Settlement can often occur after the parties have submitted details of their cases to each other. At this point, you can evaluate and compare the strengths and weaknesses of your own case against the strengths and weaknesses of your opponent’s case. It may be helpful to consider the criteria below to develop a strategy…

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