In civil cases, litigation involves a plaintiff who seeks compensation from a defendant. In business, this could refer to a variety of different cases. Most people’s businesses try to settle their differences out of court. They may opt to try arbitration or mediation. However, when negotiations fall short, you may have to go to trial.

How do you know if your case will go to trial? Here is what you need to consider before you go to court.

Did You Try to Settle?

Most companies do not want to go to trial. Trial costs are expensive and it can be much cheaper to meet with a mediator. Before you decide to go to trial, talk to your lawyer about mediation. He or she can help you with the process. If negotiations do not work, then you may want to consider a trial.

How Much Is Your Case Worth?

To go to trial is expensive. You need to figure out whether the trial will be worth the cost. There are no guarantees when you go to trial and if you do not win the case, it could harm your reputation. Sit down with a business lawyer to discuss your options. He or she can help you weigh the pros and cons. In some cases, it is better to take the risk. Sometimes, when you go to court, it will still settle before you finish the trial.

Talk with the lawyer about the value of your case. If you are the plaintiff, is the cost worth the risk? If you are the defendant, then you also need to consider if settling would be a cheaper option for you.

How Will the Jury Rule?

While lawyers can estimate how they think that the jury will react, there is no guarantee. When you use mediation or arbitration, then both sides agree on the final settlement. When you go to court, the legal system handles the final verdict. In some instances, this can be an advantage. In court, both sides have to reveal all of the facts. In mediation and arbitration, one side may try to hide different facts of the case.

If you are in the middle of a business dispute, you should set up a consultation with a business lawyer as soon as possible. He or she can walk you through the process and help you decide whether it is a smart decision to go to court. Consider contacting a dependable lawyer in your area, such as an asset protection lawyer at Bott & Associates, LTD., once you know you need legal business advice.