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The Yau Law Firm
Focused on Protecting Businesses and Representing the Injured

Negotiate instead of Litigate: how negotiating can lead to saving grief and money–Part 3

Does litigation cost more than the possible monetary relief you may get at the end of the case? If it does, you may want to consider negotiating with the other party. The past two parts to this Yau Law Firm blog addressed negotiating as a better alternative to those who can benefit from a better relationship (or preserve a relationship) with the other party. This part addresses the reality of litigation: are you ultimately getting what you want?

Imagine that you are a large company who owns the rights to a registered trademark. You then come to realize that someone or some smaller company is using that same trademark, or a mark confusingly similar to yours, with their goods and services. This unapproved use of your trademark will cause problems for your company down the road. Your first instinct may be to hire an attorney and seek damages. But, here is something to consider: even if you were the victor of the suit, how much can you recover? The amount of money this larger company may spend on litigation may actually cost more than what it may get in damages. For this reason alone, most companies will choose a different alternative to deal with problems such as these. Oftentimes, that alternative is to negotiate. Remember that negotiations can come in different forms, and yes, they can begin with a letter or a phone call from an experienced attorney. Though, I should also admit that sometimes, negotiations don’t begin until there is some form of legal leverage being used, such as the filing of a complaint, or the discovery of certain evidence.

I believe that there is also a need to realize the value of things that cannot be measured in dollar signs. For instance, a parent’s desire to have more visitation with his or her children cannot be measured in dollar signs. An injured person’s desire to have a sincere apology for an accident caused by someone else may not be satisfied with just money either.

An experienced attorney who understands litigation also understands the value of negotiating. If you want to know how negotiating can save you thousands of dollars on litigation, give us a call today!

To read about negotiating in general, go to part 1.  To read about preserving or creating a better relationship with the other party, please read part 2.


Article by: Florence Chen Monauer

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