And what's happening while it looks like nothing is happening
You authorise your lawyers to take action. Soon, colleagues ask for timelines and likely outcomes. From the outside, the matter seems to move in slow motion. From the inside, it's a relay – each runner can only sprint when the baton is in hand. A lot happens between those hand-offs, and most of it is invisible unless you know where to look.
Where the time really goes
Pleadings frame the fight. The first documents (summons, particulars of claim, notices and pleas) set the legal issues. Court rules give each side fixed periods to respond; extensions are common when they narrow disputes or avoid procedural skirmishes. Service – proving documents actually reached the other side – adds necessary admin but prevents ambush.
Discovery decides many cases. This is the exchange of documents that help or hurt each party. In real life, evidence lives in inboxes, shared drives, WhatsApp threads, finance systems and CRM exports. Collecting, de-duplicating and indexing that data takes time; doing it badly costs far more later. Sensible discovery shortens trials and unlocks settlement.
Counsel and experts join the relay. Advocates pressure-test the case and map the route to trial. Where causation or quantum is technical, independent experts (engineering, valuation, forensic accounting, medical) are briefed. Good experts don't just “opine” – they narrow the issues and often agree joint minutes that save court time.
The court roll is finite. Judges and registrars triage thousands of matters. Urgent issues will be heard; important-but-not-urgent matters queue. That's not apathy, it's fairness in a busy system.
What “waiting” usually includes
While you see little, your legal team is typically:
- Testing settlement ranges and exchanging without-prejudice proposals.
- Cleaning up procedural defects so substance can be heard once, properly.
- Drafting heads of argument, witness packs and timelines.
- Re-assessing risk and reward at each milestone (new facts and documents change odds).
Why it feels slow from the business side
Business moves in weekly cycles: sales, payroll, ops. Court time follows rule-based calendars, sheriff availability, counsel diaries and registry queues. Those clocks rarely sync. The mismatch is structural, not a sign your case is adrift.
How to shorten the road (without cutting corners)
Arrive with clean evidence. Signed contracts, change orders, proof of delivery, board minutes and clear correspondence are the fuel of momentum. A single, well-labelled data room on day one can remove weeks of chase-and-sort.
Decide how you'll decide. Set a decision cadence: who approves settlement ranges; what the non-negotiables are; how quickly you can instruct on offers. Deals die when approvals lag.
Appoint experts early (if you'll need them). If the outcome turns on technical questions, brief the right person upfront and give them documents in a usable bundle. A joint minute between experts often collapses the dispute to one or two points – and triggers sensible settlements.
Use proportionate processes. Not every dispute needs the full tour. Mediation can resolve commercial middle-ground; expert determination can answer a single tight question (for example, a pricing formula or workmanship standard); arbitration can offer a private, faster path for money-only disputes. Even if you end up in court, these steps usually narrow what the judge must decide.
Watch for principle creep. “Being right” can be expensive if the remedy doesn't justify the journey. If reputation is the true concern, there are ways to settle with carefully drafted terms that don't read like capitulation.
Budget in ranges, not certainties
Treat litigation like a project with stage-gates. Approve spend up to concrete milestones (pleadings closed, discovery exchanged, expert reports in) and review at each gate. You'll contain cost-drift and keep options open.
Three questions to ask your lawyer now
- What are the three facts that win this case for us, and how do we prove them quickly?
- What process could remove 60–90 days – mediation, expert determination, streamlined arbitration – without weakening our position?
- What single risk could blow up our timeline, and how do we mitigate it today?
Litigation takes time because fairness takes time. But disciplined documents, early expert input, clear decision-making and proportionate processes remove avoidable delay. The aim isn't to rush justice; it's to convert uncertainty into a plan you can manage while you get back to running the business.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
