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  • Writer's pictureAdministrator - Usman & Partners

Why do people choose to negotiate rather than go for trial / initiate court case?

People choose negotiation over going to court for several reasons, including:

1. Cost: Negotiation is often more cost-effective than going to court. Litigation can be expensive, involving court fees, attorney fees, expert witness fees, and other expenses. Negotiation allows parties to save on these costs by reaching a resolution without the need for formal legal proceedings.

2. Time: Negotiation is generally quicker than going through the court process, which can often be lengthy and time-consuming. Negotiating directly with the other party or their representatives allows for a more streamlined and efficient resolution, avoiding the delays associated with court scheduling and procedures.

3. Control: Negotiation allows the parties to have more control over the outcome. In court, a judge or jury makes the final decision, which may not align with the parties' desired outcomes. Through negotiation, parties have the opportunity to actively participate in crafting a resolution that meets their specific needs and interests.

4. Confidentiality: Negotiation offers a greater level of confidentiality compared to court proceedings, which are typically open to the public. Parties may prefer to keep sensitive information or business matters private, and negotiation provides a more confidential setting for discussions.

5. Preservation of Relationships: In situations where ongoing relationships are important, such as family disputes or business partnerships, negotiation can help preserve those relationships. By engaging in open communication and finding mutually agreeable solutions, parties can maintain a more positive and cooperative dynamic, as opposed to the adversarial nature of court litigation.

6. Flexibility: Negotiation allows for more flexibility and creativity in finding solutions. Parties can explore alternative options, trade-offs, and compromises that may not be available through a rigid court process. Negotiation allows for tailored and customized solutions that meet the specific needs of the parties involved.

7. Emotional Considerations: Court litigation can be emotionally draining and stressful. Negotiation provides a less confrontational and formal environment, reducing the emotional toll on the parties involved. It allows for more constructive and amicable discussions, promoting better communication and understanding between the parties.

While negotiation can be a preferred alternative to court litigation, it's important to consider that not all disputes may be suitable for negotiation. In some cases, power imbalances, legal complexities, or the need for legal precedent may make court proceedings a more appropriate option.

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