CA(SA) - FAMOUS LAST WORDS - 'I don't have to worry - I have a signed contract. If they don't pay we'll take them to court'

In life that is one thing you will learn the hard way. No person can tell you this - you need to have your own personal experience. Relying on a written contract is no way to go into a deal. If you ever have to pull that agreement out the draw, know that you are in trouble. 

And here is the golden rule - settle up as amicably as possible. Going the legal route is incredibly tedious and costly and you'll only do it once! Thereafter you will always look for a way to settle things graciously right from the beginning before you get into conflict. 

Of course this is also dependant on the other party. If they want to fight it out there's not much you can do. But always be looking to settle. It will usually save you in the end. I'm sure a lot of you are disagreeing with me right now. But there are few things to remember: 

• If you are going up against anyone with bigger pockets than you, they will drag you around by delaying and delaying until you run out of money. Know that this is how it works. Even if you are 100% in the right, if they have more money than you, you are probably suckered. 
• Winning your case is not the end. It's only the beginning. Don't be surprise if your matter goes on appeal. More fees. And eve if you win the appeal, you could find yourself at the Appellate Division followed by the Constitutional Court. 
• The fees expended is only part of the cost. The time wasted in dealing with the whole process is draining. You would be better of focusing on growing your business than being bogged down in litigation. 
• From a emotional energy perspective, it is extremely consuming. Going to court to prove a point will affect you more than it will the opposing party. 

I started off by saying that it is difficult to follow advice like this. You need to have your own experience. 

But I assure you that you'll only do it once! 

(Originally Published on April 3, 2017)