We all know that Litigation means having recourse to the ordinary court of appropriate jurisdiction for the resolution or determination of dispute, controversy or conflict between two or more persons as to their respective legal rights, duties and/or status.

The psychology of Litigation is a predominant factor in Nigeria that should propel a lawyer to advise his client to explore all avenues to settle his dispute without going to court or to settle out of Court. Sometimes, Litigation should be a matter of last resort after all avenues for possible settlement have broken down .

The psychology of Litigation always sparks fear in the average person because of several reasons.

Firstly, litigation in Nigeria is orchestrated with bitterness, acrimony and disharmony between the parties. In every litigation, one side would emerge winner, the other loser. As the party that wins celebrates his victory, the bitterness of the loser creates disharmony because victory in litigation is followed by absence of peace. The popular proverb in Nigeria “We do not come to court to continue as friends” shows the amount of bitterness, acrimony and disharmony that frequently follows some court judgments.

The fear of prolonged suspense is a factor to be considered in litigation. Suspense is the first by-product of uncertainty and when it is compounded by prolongation of proceedings through countless adjournments, it creates fear for many people to proceed to court for adjudication. When a person opts for litigation, he votes for suspense till the end of the case.

Another unpleasant factor is fear of publicity or Appearing in Public. Litigation is not an indoor affairs. For average people that do not fancy publicity, having their person and personal affairs discussed in public, is not a cherished adventure.

The fear of uncertainty in the outcome of Litigation in court is a psychology problem for parties. In litigation, the judge may not be sure of what his judgement would be at the end of the case. Also, no litigant can say for sure what would be the outcome of Litigation.
Litigation is a gamble which a party may predict his fate but cannot be sure of his fate. Hence, the outcome of Litigation sometimes spring surprise to all concerned including the party and the counsel.

Furthermore, Litigation is an expensive process in terms of money, time, energy and resources which a litigant, his witnesses, friends and members of the family will borne while litigating. This is a psychology problem for a litigant who intends to proceed to court.

For the man on the street, Litigation is the fear of the unknown. The courts and the entire legal process constitute a mystery of technicalities. The awe that surrounds court premises, the robes worn by lawyers and judges, the policemen, the melancholic atmosphere, the orchestrated warnings like “Silence, No Noise, Switch off your Handset etc” are psychology problems in Litigation for many people.

Finally, all these psychological considerations have made so many people to leave their legal rights unpursued and unlitigated. In the opinion of the writer, this is where a lawyer’s help comes to play. Aside litigation, a lawyer is an advocate for fair settlement, fair negotiation, fair mediation, fair conciliation, and fair Arbitration. In preparation of civil suit, a lawyer should see litigation as the last resort, and perhaps advice and seek avenues of settling the dispute out of court.

By: Miracle Akusobi, Esq, a litigation lawyer based in Lagos.

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