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Business Litigation as a Negotiation Tool

On Behalf of | Aug 9, 2014 | Business Litigation

Whenever Buffington Law Firm’s business litigation team becomes counsel of record in a case we are prepared to litigate the case all the way to trial and verdict.  We regard the task of diligently preparing for trial in every case to be an ethical duty.  We have also found that this approach is the best way to bring the other side to the negotiating table.

Business litigation lawsuits are fundamentally a negotiation process.  Usually one side begins the dispute with the upper hand and simply wants the other side to “go away.”  By filing a lawsuit, the plaintiff forces the defendant, who may have begun the dispute in a stronger position, to face the dispute more realistically.  In this sense the action of filing a lawsuit can be seen for what it is: a sometimes necessary step in a negotiating process.  Most lawsuits settle rather than proceed to verdict for the very good reason that the lawsuit has forced both sides to realistically examine their case and search for a cost-effective means of resolving the dispute.  Trial and verdict, while sometimes necessary to resolve the dispute, represents one avenue to resolution.  In a lawsuit there are other possible means including mediation, which is a somewhat formal means of negotiation, or less formal negotiations led by the attorneys.

If you have a business dispute that you believes represents an important legal claim, we recommend that you call us for a free legal consultation to discuss your case.  As always, there is no obligation and you will speak to an actual litigation attorney.