Litigation is expensive, slow and uncertain. That does not make it the wrong choice, but it should always be a deliberate one.

1. What outcome do we actually need?

Money, an apology, a changed contract or simply certainty all point to different strategies.

2. Can the other side pay?

A strong claim against a party without assets is a poor investment.

3. What will it cost, and who bears the risk?

Consider funding options and the possibility of an adverse costs order.

4. How long can the business wait?

A trial may be two years away. Interim measures or arbitration can move faster.

5. What happens to the relationship?

Some disputes are with partners you still need. Mediation can protect the relationship while settling the issue.