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These blogs are not legal advice and should not be used as a substitute for the advice of an attorney.

The Power of the Bargain: Dealing with Conflict

When in a conflict that looks like it is headed to the courtroom it is rarely a good idea to bury your head in the sand. Sometimes a deal can be worked out that makes everyone happy. 

Many people think that when they get sued, it is game over. But it is actually just the beginning. A lawsuit really represents a conflict. And litigation is not the only way to resolve these conflicts. Many courts will strongly urge the two sides in any conflict to try and negotiate their problems out before they will let the people go to trial. A lot of resources go into a trial; empaneling a jury for days or weeks and blocking out a judge’s calendar for the same time is expensive.

But sometimes people get so bogged down at the prospect of litigating that they hide from the situation entirely. This approach is rarely a good one. Simply not responding,  can result in a default judgment being entered. 

A party’s position at the start of the conflict is usually the strongest and cheapest position to negotiate from.  Before the courtroom battle has begun, many options are still on the table.  Both sides have the opportunity and the budget to compromise. Relatively modest legal fees have been expended.

But when someone tries to run away and hide from litigation, it usually ends in a default judgment against them. So it is worth calling a lawyer and seeing if something can be worked out before things turn ugly, not after.