Enough with the law suits, there are better ways to resolve issues.

We all know the old ‘saw’ that: ‘The only one who wins in a lawsuit is the lawyer.’

Expand that to include bankruptcy proceedings, as the only ones who win in bankruptcy filings are the lawyers and secured parties, and certainly not the bankrupt petitioner.  So if this is all true, why do so many business owners end up in lawyers offices, and waste enormous amounts of time and money relying on the courts to resolve issues that we should be able to resolve ourselves?  A question worthy of consideration.

Let me start by saying that some issues do require court intervention and resolution, some…very few…a rarity, but occasionally the facts are such that it requires the legal process to resolve the problem…rarely.

Frankly resorting to lawyers is typically an emotional response to resolving a problem.  It avoids direct confrontation which many are adverse to, and it is hiring a fighter to fight for your rights, hardly a path to meaningful resolution.

Resolving a problem requires compromise.

Another truth about this issue is that a great conclusion is reached when both parties feel they got beaten.  When both parties compromise adequately and are both unhappy with the resolution but willing to accept it, then the resolution was fair; that’s a sure sign of a good job at resolving a problem.

Resolving a problem is not about which party is right, but what compromise can be made to resolve the issue quickly, with the least expense and with the least interference with ongoing business.  The best answer has fairness for both sides not a lopsided victory and a devastating loss for one or the other.  Typically both sides have some merit to their position.

The legal process takes time, money, and little direct communication between the parties.  The nature of hiring lawyers imposes a combative process which costs a fortune and takes forever…whats the real point here?  What will be resolved?

I frequently hear plaintiffs claim they won the battle but lost the war, due to the cost in time, money and PROGRESS, as the litigants focused more on the litigation than on business development.

Can you do it alone without help?  Possibly not, but does that mean that the only help you can get is from litigation lawyers who will reduce the resolution to  a fist fight -or litigation?

Some lawyers will make every effort to negotiate a resolution.  Many are more committed to winning the most possible for his client…believing that it to be is his job and mission and thus the ‘all for me and nothing for you’ attitude, which does not work.

The additional problem with lawyers is that it removes the two who HAVE the issue from the discussion and replaces them with two professionals, trained gladiators who are charged with beating each other to a pulp -all done with billable hours.  They have nothing to lose and everything to gain from prolonged battle.  I am not suggesting that they intentionally waste your time and money for their own gain, but I AM saying that such a system promotes needless expensive time consuming battle, and prevents meaningful compromise.

We all know that this is true, yet far too many resort to their lawyer when problems occur.  We must find alternative methods for resolution including direct discussion to resolve the issues.  It can be done.

Get help if you need to, but help to compromise -not to litigate. Call me, Norm will arrange a no obligation tele-conference.

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