The main risks of litigation are cost, time, and an uncertain outcome. Even a strong claim can be lost on the evidence, and the losing party is usually ordered to pay part of the winner's legal costs as well as their own.
Risks to weigh before going to court
- Legal costs that grow the longer a matter runs
- An adverse costs order if you lose
- Months or years before judgment
- Winning a judgment against someone who cannot pay
- Public court records and strain on business or family relationships
None of this means you should avoid court when you need it. It means the decision should be made with a clear view of the costs and the likely outcomes. An honest assessment at the start, and a willingness to settle on sensible terms, reduce most of these risks.
Mediation and negotiation are worth considering early, because they keep control of the outcome with the parties.
Need help with this? See Litigation & Dispute Resolution.
This answer is general information about South African law and does not create an attorney and client relationship. Please speak to the firm about your specific matter.