Litigation
A litigation is a legal proceeding between two or more parties. A litigator is an attorney who represents a party in litigation. A lawsuit is referred to as litigation. A controversy that is not settled by an agreement between parties is heard and decided by a judge or jury in a court. Litigation is a way for people and companies to resolve disputes involving various factors.
Litigation also is a term used to distinguish lawsuits from alternate dispute resolution methods, such as arbitration in which an arbitrator would mediate in a structured meeting with the parties involved along with an independent third party, who works to help them come to an agreement. Litigation laws are in place to protect the defendant and the plaintiff. These laws do vary from state to state.
Many cases can be resolved simply and inexpensively, while producing a very favorable result through litigation. Even a very complicated matter may be resolved by the simple process of starting litigation as the other side will realize there are serious consequences and they become motivated to try for a settlement.
What Disputes are usually Litigated?
Disputes between a homeowner and a remodeling contractor who used inferior materials or a couple contemplating a divorce are two of the most common instances of litigation. Litigation to resolve these disputes would involve determining if the remodeling was done properly, how much it could cost to rectify the situation and what damages were suffered because of the improper construction. In the instance of a divorce, a court would decide on who gets what, make support or alimony decisions and decide issues of child custody and visitation.
Since litigation is an adversarial proceeding the majority of the litigator’s job involves preparing for trial, even though a settlement may be the ultimate goal. A litigator must be aggressive, focused, and knowledgeable in order to represent their client successfully.
What are the Costs Involved?
Litigation can be unpredictable so you should discuss issues of cost with your attorney at the outset. Litigation can become very expensive and emotionally frustrating as well if you do not have realistic expectations of what your objective is. In the litigation process, when a plaintiff cannot afford to hire an attorney, they may be able to hire an attorney on a contingency fee basis. A contingency fee means the attorney agrees to represent the client at no cost at the outset of the litigation on the provision the attorney receives a fee once the case is settled.
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