When Mediation Fails: Preparing For Business Litigation In Colorado

Posted May 31, 2025 in Uncategorized

Mediation is a valuable tool for resolving business disputes, but if one party is unwilling to compromise or the situation has spiraled out of control, the dispute often moves to a civil trial. The Volpe Law LLC litigators know what it takes to win; we have an impressive track record in Colorado courtrooms. As experienced Littleton, CO commercial litigation lawyers representing Littleton, we have some tips to help business owners like you prepare for litigation.

Conduct a Thorough Internal Review

Your attorney may have already asked for all the documents, photos, emails, financial records, and other internal evidence related to the dispute. Still, it’s best to do a second review to ensure you have plenty of evidence to support your position. Identify any potential witnesses in your organization or who otherwise have knowledge of the matter so your lawyer can depose them.

Preserve Evidence

Preserving evidence is critical to successful litigation. If you suspect mediation will be a fool’s errand, save any documents and communication records between you and the other party. Ensure that your employees know what kind of information and documents to save.

Preserving evidence doesn’t just help bolster your case. If you destroy records or documents, the other party could accuse you of deliberately removing evidence.

Assess the Financial Impact

Your lawyer can give you a ballpark for the fees you’ll incur if your matter goes to trial (Colorado does have some provisions for the winning party to recoup legal fees, but there are strict requirements that many cases don’t meet). In addition to attorney’s costs and court fees, how much would you realistically be out if you had to pay the other side damages?

If you have a board of directors or shareholders to report to, you should provide them with a detailed report on the potential costs of litigation.

Develop a Litigation Strategy

Work with your commercial litigation lawyer to develop a comprehensive plan of attack. This should start with an overview of the matter and facts, any legal issues that may need to be addressed, and the potential outcomes of the case. Then, define your goals for litigation and create steps to achieve them.

This sounds fairly simplistic, but it can help ease your mind to see the case mapped out, with possible outcomes, in black-and-white, so you can create a plan to prepare for each.

Your plan should also include an in-depth analysis of the other side’s position, including evidence you received during the discovery period. Knowing what the other party has to build their case helps you and your lawyer exploit weaknesses in it.

Consider Settlement Options

Initial mediation may have broken down, but as the trial approaches and each side better grasps the strengths and weaknesses of its respective positions, there may be renewed interest in out-of-court settlements.

Depending on your position, your board of directors or shareholders may push harder for a settlement once they compare the cost of a trial (and indirect costs to your business reputation and brand with public litigation) to the cost of a settlement.

Professional Commercial Litigation Advice

If you have a business dispute you can’t solve with the other party, talk to our commercial litigation lawyers serving Littleton and the greater Denver area. Volpe Law, LLC, represents clients across all industries, including emerging enterprises, multi-owner partnerships, and growth-state businesses. Contact us today for a personalized complimentary discovery call.