Litigation is sometimes treated as the default response to a commercial disagreement, when it is more accurately the last one.
Litigation is a process, not an event
The decision to litigate is often made in the heat of a single moment, but its consequences unfold over months or years — in cost, in management attention, and in the relationship between the parties, if one is worth preserving at all.
A negotiated position requires knowing your real position
Effective negotiation depends on an honest, unsentimental assessment of the strengths and weaknesses of a claim — not just the version of events that feels most justified.
Preparing to negotiate seriously and preparing to litigate seriously are, in practice, the same exercise.
Timing changes leverage
The right moment to open a negotiation is rarely the moment a dispute becomes emotionally intolerable. Leverage shifts throughout a disagreement, and recognising when it favours resolution is itself a skill.
Litigation should be a considered choice, not a default
None of this suggests litigation is never the right path — some disputes genuinely require it. But it should be arrived at deliberately, after negotiation has been tested in good faith, not reached for as a first response.