4 Signs Your Case May Need To Go To Court

How much do you know about the difference between mediation and litigation and the pros and cons associated with each? For those of you that missed our original blog post on this topic, mediation refers to the process of resolving a case outside of the courtroom and litigation refers to the trial process that occurs within the courtroom. Both mediation and litigation have their own set of advantages and drawbacks, but how do you know which route is right for your unique situation?

Should You Pursue Mediation Or Litigation?

Mediation has several attractive benefits that make it the first choice for many plaintiffs and their attorneys at the Lake of the Ozarks. For example, mediation is typically:
  • Less stressful
  • Less expensive
  • Less time-consuming

 For these reasons, we often encourage our clients to pursue mediation if at all possible.

When Is Litigation Necessary?

That being said, there are certain legal situations that cannot be resolved via mediation. The Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. is here to make you aware of some signs that may point to a need for litigation. Here are a few examples of the signs or situations you may experience:

1. Both Parties Are Unable To Compromise
Because a single attorney acts as the liaison between two disputing parties in mediation, this route requires a certain degree of cooperation and compromise between both parties in order to be successful. If both parties involved are unable (or unwilling) to work together to reach a solution that best works for each of them, they may need to resort to litigation.

2. Someone Is Abusing Drugs Or Illegal Substances
It's no secret that individuals who are addicted to drugs or alcohol often have difficulty behaving coherently when under the influence. Because of addicts' inability to remain objective and rational, cases involving these individuals generally must be resolved in court. If necessary, litigation can also allow for court-ordered structure to protect the other party's personal safety.

3. Someone Is Mentally Unstable
Mental instability is another reason to pursue litigation over mediation. While individuals battling a mental illness are very different than those struggling with addiction, they are similar in that they are both unable to think things through rationally and coherently. If one of the parties involved in your case has a mental illness or is otherwise mentally unstable, litigation may be necessary.

4. Someone Is At Risk Of Physical Violence
If you are involved in a lawsuit against someone who has either threatened or actually committed a violent act against you, litigation may be necessary. Litigation allows for very strict ground rules that can protect the involved parties, and individuals who violate any of these rules can be subject to serious consequences. If the threat of physical violence is a factor, litigation may be the best option.

Contact PMCW Law For Litigation Representation

If you are facing the possibility of litigation, we encourage you to contact one of the attorneys at our local law firm in Camdenton, MO. Our attorneys and staff members have gained valuable litigation experience over the years, and we will use this knowledge and expertise to help you set your case up for success. To learn more about our lawyers at the Lake of the Ozarks and how we may be able to assist you with your case, visit our website or call us at 573-346-7231.
Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

We accept Visa, MasterCard, and Discover.


85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
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Location: Camdenton, MO 65020, USA

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