Experiences You May Face in Litigation Against a High-Conflict Individual

Litigating against someone with a high-conflict personality can be one of the most challenging experiences a person faces during a legal dispute. High-conflict individuals often exhibit traits such as extreme defensiveness, a need to win at all costs, and a pattern of escalating conflict rather than resolving it. This behavior can transform an already stressful process into a long, draining battle. Understanding what to expect and how to manage these situations is crucial for maintaining your mental and emotional health throughout the litigation.

What is a High-Conflict Personality?

High-conflict personalities are characterized by:

• All-or-nothing thinking: Seeing situations in black-and-white terms, where they are right and everyone else is wrong.
• Blame-shifting: Rarely accepting responsibility for their actions, and constantly placing the blame on others.
• Aggressive behavior: Using intimidation, hostility, or manipulation to get their way.
• Litigation as a weapon: They may view the legal process as a way to attack or punish the other party, prolonging the case unnecessarily.

While not all high-conflict individuals have a diagnosed personality disorder, many exhibit traits consistent with conditions like narcissistic personality disorder (NPD), borderline personality disorder (BPD), or antisocial personality disorder (ASPD). Regardless of the root cause, the impact on the litigation process is significant.

Endless Legal Filings

One of the most frustrating aspects of litigating against a high-conflict personality is the constant barrage of motions, requests, and legal filings. High-conflict individuals often use litigation to overwhelm and exhaust the other party. They may file frivolous claims, make baseless accusations, or refuse to settle, dragging out the process for as long as possible.

What to Do: Having a skilled attorney who can anticipate these tactics is critical. Ensure your legal team is prepared to counter unnecessary filings and focus on the facts of your case.

Escalation of Minor Disputes

In cases involving high-conflict individuals, even minor disagreements can spiral into full-blown legal battles. They often refuse to compromise or back down, no matter how trivial the issue, because they view every interaction as a win/lose situation.

What to Do: Stay calm and avoid getting sucked into the drama. Pick your battles wisely and allow your attorney to handle disputes professionally without being emotionally reactive.

Personal Attacks and Smear Campaigns

High-conflict personalities may resort to personal attacks, both in court and outside of it. They might try to undermine your credibility, question your character, or make false accusations. In some cases, they may launch smear campaigns, spreading misinformation to damage your reputation with friends, family, or even on social media.

What to Do: Document everything. Keep records of communication, any threats, or defamatory statements, and avoid engaging in retaliatory behavior. Staying composed and focusing on the facts will ultimately work in your favor in court.

Emotional and Financial Exhaustion

The constant conflict, legal filings, and personal attacks can be emotionally draining. Litigation is already stressful, but dealing with a high-conflict personality amplifies that stress significantly. Their refusal to settle, cooperate, or compromise often leads to extended litigation, resulting in increased legal costs.

What to Do: It’s important to pace yourself emotionally and financially. Surround yourself with a strong support system and consider working with a therapist or counselor to help manage the stress. Also, be transparent with your attorney about your financial limits to develop a cost-effective strategy.

Manipulation and Gaslighting

High-conflict individuals often use manipulation tactics, such as gaslighting, to make you question your version of events or even your sanity. They may twist the truth or blatantly deny facts to gain the upper hand in court.

What to Do: Focus on the evidence. High-conflict individuals may distort reality, but concrete documentation, records, and third-party testimony will support your case. Avoid being drawn into their distortions and stay focused on what can be proven.

Strategies for Dealing with High-Conflict Litigants

Set Firm Boundaries

High-conflict individuals tend to push boundaries, both legally and personally. Setting clear, firm boundaries regarding communication and interactions is essential. Rely on your attorney to manage legal communication and avoid engaging with the other party outside of formal channels.

Prepare for the Long Haul

Litigating against a high-conflict person can take longer than anticipated. Mentally prepare yourself for a potentially extended process and focus on maintaining your resilience. Consider mediation or settlement options to avoid prolonged conflict if your attorney believes it’s viable.

Stay Focused on Your Case

It’s easy to get caught up in the chaos that high-conflict individuals create. However, the best strategy is to remain focused on the legal issues at hand. Allow your attorney to deal with the emotional outbursts, distractions, and manipulations. Your goal is to secure a fair outcome, not to win every skirmish.

Take Care of Your Mental Health

This type of litigation can take a toll on your mental well-being. It’s important to seek professional support if you find yourself feeling overwhelmed. Therapy, mindfulness practices, and self-care strategies can help you stay grounded during the process.

Conclusion

Litigating against someone with a high-conflict personality is uniquely challenging due to their tendency to escalate conflicts, manipulate situations, and prolong the legal process. However, with the right preparation, legal strategy, and emotional resilience, you can navigate these difficult waters and work toward a fair resolution. Remember to lean on your legal team, maintain your boundaries, and focus on the evidence to protect your own well-being throughout the case.