Litigation by a lawyer or legal expert
If negotiation is no longer effective, litigation may be necessary. We assess your chances of success, evidentiary position, and risks, and determine the legal route best suited to your case.
- Assessment of chances of litigation and evidentiary position
- Litigation strategy with a lawyer or legal expert
- Drafting of summons, petition, or defense
- Assistance with the hearing, evidence, and defense
- Clarity regarding risks, timelines, and next steps
Free consultation
Let's briefly discuss your case and see if litigation is the wisest course of action.
- We discuss your conflict or claim
- No obligation and free of charge
- Clarity regarding possible process steps
As a lawyer, I frequently handle disputes for entrepreneurs. Litigation does not begin with a legal document, but with a thorough assessment of evidence, risks, and strategy. Sometimes litigation is necessary. Sometimes settling is wiser.
When is litigation advisable?
Litigation can be advisable when negotiations yield no results, the opposing party continues to refuse, a claim needs to be enforced, or when swift legal intervention is necessary.
Do not start proceedings without a litigation strategy.
Legal proceedings require a clear legal basis, a strong evidentiary position, and a realistic assessment of costs, risks, and possible outcomes.
How does litigation work?
We first assess your file and then determine the appropriate course of action: summons, petition, summary proceedings, defense, or further negotiation.
Orientation
You request a free consultation. We briefly discuss the situation, what you want to achieve, and whether litigation might be worthwhile.
File analysis
We assess contracts, correspondence, notices of default, evidence, defenses, and the legal basis of your case.
Process strategy
We determine the appropriate course of action: issuing a summons, presenting a defense, initiating summary proceedings, filing a petition, or continuing negotiations first.
Procedural documents
We draft legal documents, respond to the opposing party, and safeguard the legal line of your case.
Hearing and continuation
We guide you through the hearing, advise on settlement options, and determine the next steps together.
Why determine a process strategy first?
Litigating without a strategy increases the risk of unnecessary costs, evidentiary problems, and disappointing outcomes. Therefore, we first assess whether litigation is legally and commercially sound.
You do not win a case with legal arguments alone.
Evidence, timing, conduct during the proceedings, and strategy often determine whether litigation is wise and what outcome is achievable.
Common mistakes in litigation
In legal proceedings, problems often arise from insufficient preparation, weak evidence, or premature escalation.
Summoning too quickly
Initiating proceedings without a strong evidentiary position can lead to unnecessary costs and litigation risk.
Failing to adequately document evidence
Contracts, emails, WhatsApp messages, invoices, and notices of default can be decisive.
Miss deadlines
Process and response deadlines are often strict. Responding too late can severely weaken your position.
Litigation without a settlement strategy
Even during proceedings, a good settlement can sometimes be better than litigating to the end.
What happens during the procedure?
During proceedings, we monitor the strategy, procedural documents, evidentiary position, and communication with the opposing party. At the same time, we continue to assess whether settling, negotiating, or continuing the proceedings would be advisable.
Negotiate or settle
Even during legal proceedings, a settlement can be advisable. We assess whether a settlement is legally and commercially attractive.
View negotiatingDetermine legal position
Would you like to know how strong your case is first? We can assess your legal position, evidence, and chances of success in court beforehand.
View determine legal positionFrequently asked questions about litigation
Entrepreneurs often engage us when negotiations stall, legal proceedings are imminent, or when they need to defend against a claim.
When is litigation advisable?
Litigation is advisable when negotiations yield no results, the opposing party continues to refuse, deadlines are running, or when swift legal intervention is necessary. We first assess your chances of success in court, your evidentiary position, cost risks, and possible alternatives.
What does a lawyer or legal expert do during proceedings?
A lawyer or legal expert reviews your file, determines the litigation strategy, drafts legal documents, conducts correspondence with the opposing party, and guides you through the proceedings. Depending on the case, this may involve a summons, petition, defense, summary proceedings, or another procedural step.
Which documents are required to litigate?
Usually, contracts, general terms and conditions, invoices, emails, WhatsApp messages, notices of default, demands, photos, meeting minutes, and other evidence are required. We assess which documents are legally relevant and what evidentiary position follows from them.
Can a settlement still be reached during proceedings?
Yes. A settlement can also be reached during proceedings. Sometimes, litigation is actually necessary to elicit movement from the opposing party. We always assess whether continuing litigation, negotiating, or settling is the sensible course of action.
What are the risks of litigation?
Litigation entails costs, time, and procedural risks. Even if your legal position appears strong, evidentiary issues, opposing party defenses, or judicial uncertainty can play a role. Therefore, we assess feasibility and strategy in advance.
How much does litigation cost?
The costs depend on the type of proceedings, the size of the file, the urgency, the number of documents, and the attitude of the opposing party. We discuss the approach, expected work, and cost risks in advance.
Are you unsure whether litigating is wise?
First, have the strength of your case assessed. Afterward, you can determine with greater certainty whether litigating, negotiating, or settling is the right step.
Why MKBjuristen.nl?
We assist entrepreneurs with business disputes, litigation strategy, defense, and proceedings.
Process strategy
We assess not only whether you are right, but also whether litigation is sensible and feasible.
Since 2001
We have extensive experience providing legal services to entrepreneurs and organizations.
Clear approach
We provide clarity in advance regarding the approach, process risks, costs, and possible next steps.
Lawyers and legal professionals
You receive legal assistance from specialists who are accustomed to helping entrepreneurs in a practical way.
Discuss your case before you proceed
A good litigation strategy prevents you from incurring unnecessary costs or weakening your legal position.
Request a free consultation
Please enter your details. We will contact you to briefly discuss your case.
Litigation explained by a lawyer or legal expert
Below you can read when litigation is advisable, the steps involved in a procedure, and how we assess the chances of success, evidence, risks, and strategy.
What does litigation mean?
Litigation means that a legal dispute is submitted to a judge or competent authority. This may be necessary when negotiations fail, the other party fails to honor agreements, or when prompt legal intervention is required.
Legal proceedings require a clear legal basis, a strong evidentiary position, and a careful litigation strategy. We therefore first assess whether litigation is worthwhile and which course of action is appropriate.
When do you start a procedure?
Initiating legal proceedings may be advisable when the opposing party continues to refuse, payment is not forthcoming, agreements are violated, or when an urgent situation arises.
However, litigation is not always the best first step. Sometimes a formal demand, negotiation, or settlement is more effective. Therefore, we first assess your chances of success in court, your evidentiary position, and your commercial interest.
What procedures are possible?
Which procedure is appropriate depends on the dispute. Examples include summons proceedings, petition proceedings, summary proceedings, debt collection proceedings, or defense against a claim.
In urgent cases, summary proceedings may be necessary. For more complex disputes, full proceedings may be more appropriate. We advise on the best legal and practical approach.
How do we assess the chances of success?
We examine the legal basis, facts, burden of proof, available documents, possible defenses, and litigation risks. We also assess whether the expected outcome outweighs the costs and time.
A strong legal position does not automatically mean that litigation is the best route. Sometimes, negotiating or settling is wiser from a business perspective.
What is the difference between negotiating and litigating?
When negotiating, you try to reach a solution outside of court. When litigating, you ask a judge for a decision.
In many cases, these paths run parallel. Legal proceedings can put pressure on negotiations, while a settlement remains possible during the proceedings.
Is it still possible to reach a settlement during proceedings?
Yes. Parties can also make agreements during proceedings. Sometimes this happens before the hearing, sometimes during or after the hearing.
We always assess whether a settlement is advisable. In doing so, we consider the chances of success in court, costs, risks, speed, and the business interest.
Need help with litigation?
Do you wish to litigate or do you need to present a defense? MKB Juristen assesses your case file, chances of success, and strategy. We assist with legal documents, correspondence, negotiations, and guidance during the proceedings.
Would you like to know first whether litigation is a wise choice? Then request a free consultation.
