Construction Law

Why Litigation Happens, And How To Avoid It

Litigation is something that happens for a multitude of reasons. It’s expensive, risky, and it could potentially harm your company if the litigation ends in a negative outcome. Litigation is usually caused by stubbornness between the parties, or even a lack of understanding over the dispute. It can be encouraged along because of heated emotions and a lack of communication, or even greed.

Litigation should be a last resort attempt to solve a dispute, and luckily there are a few ways one can avoid it. If you are facing a dispute with a contracting party, it is highly recommended that you seek the guidance of a contractor attorney in Lakeland.

Work on Communication

If there is no open communication between the disputing parties, there will not be a resolution. Misunderstandings can quickly turn from not returning a phone call in time to completely shutting the other party out. If one party is refusing to speak to the second party, there is not much that can be done in that case, but if the parties establish a solid effort of communication at the beginning, that can go a long way.

Document Mistakes

If you have had more than a few litigations in the past, start keeping a record of what happened and why. If you discover it is a repeating offense, figure out the best way to solve it yourself before engaging in another project with a different party. If you know what the problem is on your end, you can avoid making the same mistake and going back to court.

Put Yourself in Their Shoes

Most of the time during a dispute, the parties tend to just focus on anger. You’re angry at the opposing party because either they are at fault, or you are at fault but you don’t want to admit your mistake. If you take a second to put yourself in their shoes, you might be able think about where they are coming from, it’s probably the same place you are. Taking a step back can be crucial in preventing litigation from happening, because you might be able to resolve it in mediation before having to go to trial.

Act Fast

If something is going wrong on your end, don’t take your time to correct it. Get it done as soon as possible to satisfy the other party, and possibly prevent going to the courtroom.

Mediation

If both parties are considering litigation to solve a dispute, try mediation first. Bringing in a neutral third party might help to find a resolution, and clear the air.

If litigation cannot be avoided the best option would be to seek counsel from your Lakeland contractor lawyer.

If you are in need of a contractor lawyer in Lakeland for construction arbitration or litigation, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.