There is a cost of litigation very few lawyers will warn you about: the human cost. It should be considered just as much as the monetary costs. It is a cost your insurance will not cover and you will not get it reimbursed by the other party either. In your business, having a dispute can be a huge distraction for your organisation. While I can concede that the human impact and indirect cost of a litigation for your enterprise is difficult to quantify, it should nevertheless be considered by the management before pursuing proceedings. Is time better spent on growing the business or on this battle?