What is litigation?
In litigation, two disputing parties present their case in a court of law, with the judge or jury hearing the case responsible for evaluating the arguments of both sides before making a ruling.
What is alternative dispute resolution?
Litigation is often an expensive process for all parties involved. As such, alternative dispute resolution methods, such as arbitration and mediation, look to resolve legal conflicts and disputes without necessarily needing to resort to a court case. This can be effective for allowing the parties involved to fully air their grievances with one another and work towards an agreeable solution.
How long does a dispute take to settle?
The length of time that it takes to resolve a dispute is difficult to predict as it depends on a number of factors, including the complexity of the issues involved, whether the parties decide to litigate, and the willingness of each party to negotiate and/or settle. As such, it’s important to seek expert legal advice as early as possible when disputes arise. In fact, attaining legal advice earlier in a dispute can often save time and money in the long term by resolving issues well before they reach an impasse.
When is litigation required?
Generally speaking, judges will now expect any disputing parties to have considered or tried alternative forms of dispute resolution before taking a case to court. This extends from large corporate lawsuits to domestic matters. However, in situations where alternative dispute resolution did not work, or where one party refuses to negotiate, or where a party is looking to make a public statement (ADR is a confidential, private process), then litigation may be the only way forward.