What is Litigation and How Does it Work?

Defining Litigation

Litigation is the process of meeting to discuss a pending or potential lawsuit with the opposite party. Both parties will be represented by lawyers and there will an attempt to settle the claim before it escalates into a lawsuit. The idea and goal of litigation is to avoid the conflict escalating beyond that point in order to avoid the high cost of court fees that both parties will have to pay for.

In the best-case scenario, the two parties will be able to present their case to the other and explain what they feel the compensation should be (if any). The hope is that both parties will be able to hear each other out and for the best interest of everyone, will be able to agree on a settlement. Usually, a settlement will be something that is a win-win solution for both parties.

The Stages of Litigation

There are many stages of litigation and the next is called the pre-suit negotiation. It takes place when a settlement could not be reached the first time. After hearing each other out, the parties may attempt to once again settle out of court. Again, the motivation behind this for both parties is to avoid the high court costs and reach a settlement that both parties can be happy with.

The final stage of litigation comes at the very end, after the trial has concluded. Often times, the losing party will attempt to appeal the court’s decision. When this happens, the opposing party may decide to reach a smaller settlement based on that. It is totally dependent on how much of a case the losing party has. If they don’t have much to go on, it will likely end there. If they do have a solid reason for appealing the verdict, another settlement may be reached at that point.

As you can see, litigation can be a very complicated process. This is why it is so important to have the right people on your side. Ensure that you are getting the very best legal representation to guide you through the litigation process.