Building from Negotiation to Litigation

Although developing the litigation aspects of non-RSD rights legal assistance is important, it is also complementary to your work to investigate non-litigation tools and treat litigation as the final step of the process. Developing non-litigation techniques may also open the door to activities that clients can initiate with little guidance from a legal advocate, which helps empowers them. Non-litigation tools have the following advantages:

1. They are faster and less resource-intensive
Techniques such as letter-writing, accompanying your clients to meetings, and negotiation are generally less resource-intensive than litigation, which takes time and money for filing fees, trial preparation, and more. In addition, foreign lawyers may be involved in non-litigation techniques, whereas litigation frequently requires representation by a locally licensed attorney. Non-litigation techniques may reduce costs and the number of cases that need to be litigated.

2. They are frequently more consonant with the legal culture
Where non-litigation techniques are also an essential part of the legal culture, your organization will gain credibility by applying these methods. This will facilitate your litigation efforts when you do need to take legal action. Of course, there may be times you may need to disregard the customary case progression, but by developing non-litigation techniques in advance, you will be able to assess the options and consequences of various options to make an informed decision.

3. They are more comfortable for your clients
If litigation is a rarely employed strategy in your country, clients may feel uncomfortable with this option and prefer other methods of engagement. They may have fled persecution or discriminatory treatment by a legal system in their country of origin, and it is imperative that you are sensitive to such possibilities. Using non-litigation techniques will allow your clients to access their rights without the disconcerting experience of going through uncomfortable litigation processes.

4. They are a possible avenue for remedy when there is no legal right
It is easier to incorporate international or regional human rights law into arguments made in non-litigation settings. When a violation of a right that has no protection under local law, litigation efforts may not work and alternative methods may be more effective in securing a favorable resolution.