Negotiation or Litigation

Whether negotiation or litigation is preferable is determined by a number of factors.

These factors most often come down to the personality of the parties, and their legal representatives.

Negotiation is usually preferred, but not always possible, particularly if the other party, or their lawyer, has unrealistic expectations or an entrenched attitude.

An agreement or settlement by negotiation is usually emotionally and financially satisfying because it happens more quickly than the result of litigation and both parties have had a part in the agreement or settlement.

Leaving the outcome of a dispute to a court is expensive both emotionally and financially, but sometimes, there is no choice.

More often that not, it is in one or both parties’ interests to have any agreement documented as a court order (parenting and/or property) or binding financial agreement.

While it is possible to formalise your own agreement, the downside is that if you get it wrong, you may be stuck with it, and there will be no recourse available to lawyer’s insurance.

It’s a bit like servicing your own car if you have no qualifications or experience in motor mechanics – the likelihood of causing yourself (or somebody else) a lot of damage is high!

If you would like more information about negotiation or litigation, please contact us at Freedom Law.


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