10 GOOD  Reasons NOT to LITIGATE disputes

Taken from a decision in the Australian (New South Wales) Court of Appeal

Handley, Sheller and Fitzgerald JA 40907/98 - Studer v Boettcher [2000] NSWCA 263 Fitzgerald JA     [63]...

  1. It is often impossible to predict the outcome of litigation with a high degree of confidence. Disagreements on the law occur even in the High Court.
  2. An apparently strong case can be lost if evidence is not accepted.
  3. It is often difficult to forecast how a witness will act in the witness-box.
  4. Many steps in the curial process involve value judgments, discretionary decisions and other subjective determinations which are inherently unpredictable.
  5. Even well- organized, efficient courts cannot routinely produce quick decisions, and appeals further delay finality.
  6. Factors personal to a client and any inequality between the client and other parties to the dispute are also potentially material.
  7. Litigation is highly stressful for most people .
  8. Litigation is notoriously expensive.
  9. An obligation on a litigant to pay the costs of another party in addition to his or her own costs can be financially ruinous.
  10. Further, time spent by parties and witnesses in connection with litigation cannot be devoted to other, productive activities.

Consideration of a range of competing factors such as these can reasonably lead rational people to different conclusions concerning the best course to follow.(this really says “do not litigate unless you really have to!)