Taking your issue to court is never easy. Litigation will cost you and your business both time and money—sometimes up to millions of dollars. As a business owner, it is imperative to know when you should fight it out in court, and when to keep your battle at bay.

If you think bringing your business matter in front of a judge is going to yield quick results, you are mistaken. In fact, even the initial “discovery phase” of litigation can last from 6 months to 1 year. Then, there are pre-trial motions and hearings—and preparation could take months and thousands of dollars.

But, while a settlement is almost always better than hashing it out in court, there are certain circumstances when litigation should be considered. For example, if you and the other party involved have already attempted a settlement negotiation and failed, and you’re entitled to a large sum of money, obviously it is not practical to walk away. Bring your matter to court.

However, if these situations don’t apply, avoid litigation at all costs. Besides reaching a settlement with your opponent, you should also consider either mediation or arbitration—two methods that involve a neutral party to help those involved reach a solution.

If you must go to court, there are several things you should do in order to make the process as painless as possible. For these essential tips, click here to read my column in Legal Edge, “To Court or Not to Court,” published in the September 2011 edition of SmartCEO magazine.

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