What makes litigation more likely, and how can it be avoided? – Volpe Law LLC

Posted October 07, 2025 in Media

Transcript:

00:00:00 – 00:01:08

As a commercial litigation firm, we often represent businesses in high stakes commercial disputes. I’ve found that there are a few factors that commonly uh make litigation more likely and it make it less likely that we will resolve the case. Some of these factors include things like vague or unclear payment and performance terms in a contract. you know, we find out that the opposing party has a revenge motivation or something like that or our client has a revenge motivation instead of a different type of motivation. And you

00:00:34 – 00:01:33

know, if there is a payment dispute and one of the parties just simply can’t pay it, they don’t have the money, it’s pretty likely that this is going to have to go to court. What things can we do to avoid court and avoid that expense? Number one, retain fractional outside general counsel. Next, clear contract terms. have a mandatory mediation requirement that occurs before you go to court. That way you get both parties in front of a neutral mediator to mediate the dispute. Another idea is forum

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selection. Have the parties agree in advance where a dispute will be handled, what state, what court. And finally, you know, communication is just imperative here. Encourage, you know, early communication with the other side. And hopefully if you do all these things, you should be able to have a better chance of surviving a pre-litigation dispute without going to

This transcription was AI generated.