How can I assess whether litigation is likely?

Assessing whether a dispute is genuinely heading to litigation, rather than posturing, is a core executive judgement that shapes cost, strategy and disclosure. Misreading it in either direction is expensive: over-react and you provoke escalation, under-react and you are unprepared.

This report provides a structured way to weigh litigation likelihood in your chosen jurisdiction and industry, drawing on the behavioural and procedural indicators that tend to precede formal action, the contractual and regulatory triggers that raise the odds, and the counterparty signals experienced litigators read.

It sets out the warning indicators, the scenarios in which threatened claims convert into proceedings, indicative cost and probability framing, and the evidence-preservation steps to take while the picture is still uncertain.

It concludes with guidance on when to move from internal assessment to instructing litigation counsel.