Some scholars contend the United States is becoming increasi

Some scholars contend the United States is becoming increasingly more litigious. Other scholars believe Americans file no more lawsuits than they did in decades past, but instead contend the perception of increased litigation in the United States is fueled by very large, very well-publicized jury awards to plaintiffs. Consider that roughly only 1% of civil cases filed eventually go to trial. Consider also the other 99% of cases reach resolution through alternative dispute resolution, dismissal by courts, or end for other reasons (i.e. lack of funds, public perception, or newly discovered facts).

Hypothesize that you are providing advice to a company (as a manager, owner, or valued employee) that is considering whether to file a lawsuit against or has been sued by another company, customer, or employee. What factors would you evaluate in deciding whether to file, settle, defend, or otherwise resolve a lawsuit? Please give thought to both sides of the coin: as a company considering whether to bring a lawsuit and as a company anticipating defense of a lawsuit.

(The goal of this discussion is to better understand and deeply analyze the benefits and drawbacks of the legal system and dispute resolution, and their impacts on businesses and business relationships).

Please make it 3-4 paragraphs in length. Also please make sure to demonstrate critical thinking and analysis using research by using include one journal article for support, and personal work experiences.

Thank you!

Solution

It is important to take into account the the the analysis of lawsuit before realizing what kind of lawsuit to use while evaluate if someone needs to file, settle or defend the case. As a consultant it is advisable to understand the reputation of the case and the cost involved.

The settlement side of the story also needs to be analyzed. If the individuals are willing to settle the case and both the sides of the case are analyzed effectively.

There are expenses involved along with the extensive depositions. This also needs to be taken into account. Stress around the settlement and the anticipation for the result also needs to be a lasted for the purpose of taking a reflexion regarding the lawsuit. Profitability around the case and understanding the effective terms decide if the case should be settled or fought against. The decisions regarding the outcome of the lawsuit depend on that.
For example if a dependent in a case has lost significantly in the past trial then there is liability to prove.if the defendent had reputation of negligence in the past by losing cases then it would be advisable to settle the case for important benefit.