Employment Insight: The Right to Settle Claims
Litigation is a drastic, often unsatisfactory vehicle to resolve disputes. The very nature of court adjudication means that the dispute will produce a winner and a loser. However, as any two parties who relied on a third party to resolve their differences can probably testify, an adjudicated outcome may also mean that both parties end up feeling like losers - one may just have lost more than the other. It was probably for this reason that Abraham Lincoln advised -
"Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough."
The vagaries of litigation ring especially true to parties involved in special relationships. Litigating against family is a sure-fire way of destroying the bands that otherwise tie relatives together. The same can be said for the employment relationship, which equally reacts badly to litigation, generally speaking. The trust inherent in this relationship is often damaged where adjudication results in winners and losers.