LITIGATION

WHEN SHOULD LITIGATION BE CONSIDERED?

  o    A court order is sought

  o    Matter of violence

 ADVANTAGES

   o  Address questions of law

   o   Formal discovery process therefore the client can gain access to important documents that can strengthen the case

   o   Decision is binding

   o  Process of appeal is available

 DISADVANTAGES

   X  Expensive

   X  Time delay as courts are usually affected by backlog of cases therefore a quick solution is rare

   X  No privacy

   X  Time delay as courts are usually affected by backlog of cases therefore a quick solution is rare

   X  The judge may not have any knowledge or expertise or experience with the subject matter of the dispute between the parties 

COSTS

 X  High when compared to all other DR processes as legal fees are high

     REMEDIES

o  Court awarded remedies such as specific performance, damages, recession, revocation, penalties for breach of contract and injunctions

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