Deciding between litigation vs negotiated settlements. When it comes to litigation, matters can be solved either in courts or by negotiation between the parties. A negotiated settlement is almost always preferred for both parties as everyone involved makes some type of concession in order to arrive an agreement suitable to both parties. After the settlement has been signed and finalized, the involved parties are then bound knowing exactly what terms were considered and agreed upon.
When litigating in the court system, the final decision is left to a third party, either a judge or hearing examiner. This third party’s personal legal agenda, skill level, judgement and experience however are not predictable. At the conclusion of a trial or hearing, the judge may issue a ruling that either party is not happy with, but will be deemed to follow.