Litigation Risks and Practical Safeguards for Contractors in Agile Development (Part 6): The Gap Between a Judge’s Understanding and That of Mediation Experts
Jul 04, 2025
Win Software Lawsuits by Communicating Expertise
Software disputes are not only legal fights. Winning turns on how you show technical skill. You need credible arguments. Real cases tell developers what to expect.
A Courtroom Tests Everyone’s Technical Level
Litigation teaches a hard truth. A court’s IT literacy matters. The opponent’s skill matters, too. Both shape the case.
A judge once compared Agile to construction. That showed the limit of talk-only arguments. We filed detailed briefs to explain the gap. Explaining tech takes patience.
How One Expert Can Shift the Dynamic
Mediation changed the game. Our points had landed poorly before. Explanation costs were high. A specialist arrived, and the other side faltered. A third-party expert can flip momentum.
Expert Advisors Are a Double-Edged Sword
Experts help. But they can resist or misread your claims. Alignment is not automatic.
Choose Your Expert Strategically
Some experts lack depth. Others default to a strict “user” stance. Ask for someone who grasps your claims. The expert must carry weight with the judge. A poor choice will backfire.
Build the Strongest Possible Team
The panel wanted frontline facts. I prepared with the engineers.
The Engineer Is Your Best Witness
Lawyers describing code can sound thin. Engineers give the best testimony. If an expert knows more, use it. Let them sharpen the logic. Your leverage improves.
Success Depends on Leadership’s Understanding
Lawyers need visibility. Uninvolved executives set the case to fail.
The Danger of a “Hands-Off” Approach
“You handle it,” sounds efficient. It isn’t. Strong arguments need a joint team: lawyers, engineers, and managers. Lawyers must state limits. The company fills the gaps.
Bridge the Communication Gap
Engineers should not assume legal fluency. Internal notes confuse outsiders. Story points are subjective. Lawyers avoid assumptions. Litigation is a last resort. To win, you need one team and a clear plan.
Note: “Mediation experts” and “technical experts” are different. You can request mediators with deep tech insight. That helps when advisor quality is uncertain.
Key Takeaways
- Communicate technical credibility with intent.
- Lawyers cannot win alone; build a cohesive team.
- Third-party experts can change the game; choose with care.
About the Author
[Shinji Sumida] is a partner at [Akasaka Internation law]. They focus on technology disputes. They help software firms win by presenting clear technical evidence.You are welcome to contact us via the Contact Form to discuss and for more information.