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What’s available through the court system?
Limited solutions: Courts can provide only a limited range of remedies, usually involving money damages or limited injunctive relief. Also, there are almost always a “winner” and a “loser” – seldom is a mutually beneficial middle ground produced in court proceedings.
Lack of confidentiality: Almost all litigation is public – both in the proceedings as they drag through the court system and the eventual result. This sometimes, in and of itself, is an obstacle that prevents the litigants (and their attorneys) from being more compromising and creative in the pursuit of solutions. In fact, public solutions via the courts often have the effect of generating even more litigation as one side attempts to recoup its loss, or seeks to protect its image.
Slow and time consuming: Litigants are at the mercy of the court’s tedious and sluggish scheduling - often affected by a judge’s personal priorities as well as case load. Additionally, the rules of discovery are stiff and drawn out, taking months and sometimes even years to complete.
It’s extremely expensive: The court system is subject to a great deal of abuse by the opposing side – particularly in the discovery process. Also, the formalities and technicalities embedded in litigation seem to intentionally create red tape and added expense. The result is often monumental sometimes exceeding the amount of the dispute. More often than not, when the cost of time in completing discovery is factored in with the expense incurred, a net loss rather than gain is produced when an eventual judgment or settlement is obtained.
Constant risk of surprise and unpredictable rulings: In the court system, there is no certainty that the judge handling the case will be experienced in that field of law. Even if he or she is, the case load and the pressure of the system to move cases out often makes it very difficult for a judge to give any more than token attention to any particular case. There are, of course, the remedies of review motions, new trials and appeals – but they only add to the parties’ expenses, delays and frustrations.
Extended proceedings by the “losing” side: The same review processes touched on above are also used by a losing party to leverage his or her position – seeking to out last the “winner” to gain a reduction in any judgment awarded against him.
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