When Should You Settle Out Of Court?

December 21, 2018 9:18 am

It can be difficult deciding when to settle out of court. On the one hand, settling a case can prevent a lot of excessive legal costs. Conversely, it can also mean that another party may avoid paying out more than had you gone to court. Therefore, it is worth knowing when you should settle and when it is better to pursue further legal proceedings.

Why people settle

In some instances, a person may feel that they have been so badly affected that this means that only a court case will do and that a positive verdict in the court will be the only thing that satisfies them. This is rare though, as most people do not wish to pursue legal proceedings unless they have to if it means getting a reasonable settlement.

The length of time it takes to reach a settlement can vary, depending on how someone feels and how willing the other side is to negotiate. For example, in a pay dispute, this could be resolved quickly if the other side admits they are having financial problems and an agreement could be put in place via mediation.

However, if the person having financial problems does not admit they are facing a difficult legal situation and avoids responding to any contact, then this can make the situation more complicated, and it may mean that legal enforcement is required.

Try to take emotion out of the situation

It is very difficult, but sometimes you need to take a step back and consider the best result at the time. It may mean later on you may think “I could have got more” but in reality, a judge may well have approved an agreement had the case gone through to the court, so there may not have been much difference and would have involved more legal costs.

There is also the fact you need to consider what you are likely to get from a situation. While you may get less than you are owed, in some cases it is better to settle for less rather than risk getting nothing at all. Ultimately, you have to decide what you are prepared to accept and what you are prepared to risk- you may feel that it will be worth the additional effort to get more, but in some instances, this may not be the best option.

Contrary to popular belief, legal representatives are not cold or emotionless. They will understand what you are going through and will guide you through the process to help you decide what is best in your individual circumstances.

We will help you

At Larcomes it is not just about providing resources and representation, but also giving our clients the care and attention, they deserve. If you are not sure and want to discuss a legal situation or potential settlement in more detail, please talk to our legal specialists today, and we will be happy to go over the options available to you in order to help you make the right choice.


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