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Litigation typically refers to settling rights-based conflicts via the court system, encompassing everything from initiating a lawsuit to motion hearings, the discovery phase for information exchange, trials, and appeals. It also includes administrative or regulatory procedures for determining legal rights and settling disagreements. Understanding litigation basics proves valuable even for non-litigators, as it enables better guidance for clients on preventing legal conflicts.
Numerous legal disagreements find resolution through direct negotiations, frequently guided by legal counsel, without officially starting litigation. In reality, just a fraction of disputed cases reach trial. Most conclude through negotiation, mediation, arbitration, or alternative dispute resolution (ADR) methods. During mediation, an impartial mediator facilitates settlement discussions without imposing binding decisions. Arbitration presents a more casual adjudication approach where the arbitrator's ruling typically holds legal weight. Many contracts incorporate compulsory mediation or arbitration clauses, while numerous court-affiliated programs provide various ADR options.