Everyone has been in a situation where they have disagreed with someone before. Normally, you would try to mend the situation amongst yourselves. But what if that doesn’t work? You have sought multiple solutions, but nothing has changed. At this point, you may have to resort to litigation.
Litigation is the process of taking legal action.
In litigation, the dispute is presented to a judge or jury who will make a binding decision.
Litigation covers a wide range of cases including:
• Contract disputes such as breaches of contract.
• Employment disputes such as claims for wrongful dismissals.
• Family disputes such as divorces.
• Personal injury claims such as car accidents.
The number of stages in a litigation process can differ depending on the jurisdiction, type of case and specific court rules.
Here are the most common stages in litigation processes:
• Pre-Action Protocols: Before a lawsuit is formally filed, there are protocols to help resolve disputes without going to court.
• Pleadings: These are formal documents submitted by both parties outlining their claims and defences. The judge relies on these documents to understand each party’s arguments.
• Discovery: This is the process where both parties gather evidence to support their cases. During this phase, both parties exchange documents and conduct depositions.
• Pre-Trial Motions: These are requests made to the court to make rulings on certain issues before the trial starts.
• Trial: During the trial, both parties present their arguments, evidence and witnesses before a judge or jury. The judgement may be delivered immediately or take time if the court needs to review the evidence further.
• Post-trial: This stage involves actions after the judgement has been made. During this phase, the losing party may request the court to reconsider the verdict.
• Appeals: The appeals process allows the losing party to challenge the trial court’s decision in a higher court.
When to consider litigation:
Litigation is normally seen as a last resort if previous attempts to mediate a dispute fail. Litigation should be considered if you need a binding decision that can be legally enforced. This is especially important if the dispute involves a large sum of money or legal rights.
Like every option, litigation comes with its own set of pros and cons. These include:
Pros:
• Legally Binding: The decision is final and can be enforced against the losing party.
• Fairness: Courts are neutral parties which ensures that both sides get a fair opportunity to present their cases.
• Public Record: The results of court proceedings are a matter of public record which promotes transparency.
Cons:
• Costly: Litigation can be expensive when you factor in court and attorney fees.
• Time-Consuming: Court cases can take months or even years to resolve.
• Stressful: It can be a very draining process to go to court especially if it involves personal issues like a family dispute.
Litigation should not be your go-to option, but if nothing else works, make sure that you are prepared for the process. This means seeking professional legal advice from an experienced law firm.
At Lawhaven Solicitors we offer litigation and dispute resolution services. If you need an experienced professional to help you with litigation, contact us. Your first consultation is free!