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Alternative Dispute Resolution
More often than not, when a client attends a lawyers’ office with a dispute involving a third party, the resulting advice will be to commence a lawsuit. As most people are becoming more and more aware, litigation is prohibitively expensive and really involves who can better afford the on-going expense of a lawyer prosecuting or defending the claim. That is why over 90% of all cases never make it to court and settle long before a judge ever hears the matter.
The issue is whether a lawyer can resolve the matters in dispute earlier than later – the difference being a great deal of savings in money, time and aggravation for the client. To utilize the services of a lawyer that only functions as a blunt instrument may not be the right approach in all cases.
Even if a forceful approach is thought to be the best foot forward at the outset, a lawyer needs to know when to switch paths. This requires a sensitivity to what each of the parties is feeling and their level of knowledge. In other words, strategy needs to be re-evaluated at every turn; before the legal costs become crushing! Clients believe that if they are vindicated in court, one hundred percent of the costs of their legal team will be paid by the other side. This is not true.
It is in the interest of all disputing parties to try to come to a resolution without the incredible expense of litigation. We assist clients in developing a strategy to accomplish their goals in a dispute without having the legal expense bankrupt them. There is no point in winning a battle if you lose the war.
Alternatives to court proceedings include binding arbitration, mediation and comprehensive settlement meetings. We will assist the client in determining whether there is any alternative approach to resolving a dispute before the expensive and time consuming exercise of litigation through the traditional court system.
David Himelfarb Barrister & Solicitor
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