It’s part of human nature to come into conflict with others. While we would hope such disputes could be easily resolved, that is rarely the case in practice. When disputes have no resolution, some people may feel the need to take legal action and file a lawsuit. However, the courts aren’t needed to settle every kind of dispute. So where should the line be drawn? Here are some tips on how to know when a simple dispute should be taken to civil court.
Would Taking the Dispute to Court Resolve the Issue?
First, you need to consider what the dispute is actually over. Have you experienced damages of some kind? Could a wrong you think has been committed against you be reversed in some way? Was a legal contract involved? Were you made to suffer financially and physically due to the dispute? If the answer is no to these questions, you may be better off finding other ways to deal with the dispute. A civil court is not going to be able to help if you are simply engaging in a feud with your neighbors mostly fueled by hatred. There needs to be some other underlying legal issue to be answered instead.
Have You Tried Mediation?
Eventually, you may decide you need the services of a civil litigation lawyer. However, that should be a last resort in most cases. You should try alternatives to solving the dispute first. One of these should be mediate by an independent third party. If you have trouble even discussing the dispute with the other party, a mediator can help bridge that gap and work out the problems for both sides. The mediator may even be a retired judge in certain cases. You may also end up in mediation regardless due to the fact that a small claims court judge could order both parties into mediation.
Can Your Lawyer Settle the Dispute for You?
Alternatively, you may want to use an attorney to negotiate a settlement on your behalf. This may be a good decision if both parties want to avoid spending the time, money and resources needed for an actual courtroom legal battle. Obtaining a settlement may also help to shield both parties from bad press. However, getting another party to actually agree to a settlement is easier said than done especially when there is bad blood involved.
Are the Costs Worth It to You?
In the end, even if the dispute is a big deal for you personally, it may be best to leave it unresolved if the cost benefit analysis does not make sense for you. Lawsuits are expensive. They are also time consuming and stressful. You should only proceed with legal action if what you are trying to achieve is worth more to you than the true costs of the court case.
Disputes can be frustrating for both parties involved. It is true that the civil court system is designed to settle different kinds of disputes between two parties. However, not every case meets the requirements for civil court. In other cases, the dispute could be resolved by alternate means. Under certain circumstances, it may be better left unresolved entirely. Consider your options and contact a lawyer if you need legal advice on how to best deal with your dispute.
