How to Avoid “Throwing Wood on the Fire” in Business Litigation
In last week’s blog, we talked about how the length of litigation is often out of your control. The other side’s strategy — how hard they want to fight — has a huge impact on how long a case lasts.
But while you can’t control the other side, you can take steps to avoid escalating the fight unnecessarily. In other words, you don’t have to throw wood on the fire. By lowering the temperature when possible, you may be able to streamline the process, reduce costs, and keep the dispute from spiraling further out of control.
Here are three practical ways to do that:
1. Agree Where You Can
There may be issues where the other side simply won’t agree with you. That’s normal in litigation. The question is: is there any room for compromise? If there is, take it. Agreeing to reasonable points, when you can, helps narrow the real issues in dispute. That way, you can focus your energy (and your resources) on the matters that truly matter.
2. Watch Your Language
Words matter. There’s no need to be provocative in a demand letter or in your response. Personal insults and inflammatory language don’t strengthen your case — they only make the other side dig in deeper. Keep communication professional, factual, and focused on the problem that needs to be solved.
3. Pick Your Battles on Process
Litigation is full of procedural steps: deadlines, extensions, scheduling, and discovery requests. Not every request from the other side is worth fighting over. Sometimes granting a reasonable extension or agreeing to a straightforward request can actually work in your favor, by keeping the process moving and showing the court that you are being reasonable. Save your fight for the issues that truly affect the outcome of the case.
The Bottom Line
You can’t control the other side’s appetite for a fight, but you can control your own approach. By agreeing where possible, using professional language, and being strategic about process, you can avoid unnecessary escalation. And that can make litigation less costly, less hostile, and more efficient in the long run.