What is Litigation?
“Discourage litigation. Persuade your neighbors to compromise whenever you can.”
Litigation is the process of taking legal action through use of the court system. In layman's terms, it is what happens after you "file suit." While litigation comes in many varieties including personal injury, contract disputes, divorces, criminal matters, guardianships, and property disputes, the process is almost always the same. When two or more parties cannot agree on a resolution, they may engage the court system to resolve their disagreement through the formalized process of litigation, usually through use of lawyers.
The basic steps in litigation vary from case to case, but often include filing a petition (the lawsuit), engaging in discovery of the evidence and facts, various motions and hearings held in a court room, depositions of the parties involved in the incident or dispute, and court ordered mediation. If all parties continue to disagree after engaging this process for long enough, the final step is trial. At trial, judge or jury come to a final resolution of the legal dispute.
Should You Litigate?
Generally, litigation should be approached as a last resort when other avenues have failed. There are several options prior to filing a lawsuit, including talking to the other party, demand letters, negotiation, and formal mediation. Even once a suit is filed, the prospect of continuing litigation often causes parties to realize they are better off coming to an agreement or settlement due to the emotional, monetary, and time commitment of the process. In many jurisdictions, the system is designed to encourage settlement on civil matters.
Even so, litigation exists because it is sometimes the only viable path forward for resolving a dispute. If a party will not reason, mediate, entertain or offer acceptable terms, or be responsive, then filing a lawsuit is a way to move forward. Litigation has the effect of forcing an opposing party to listen to you and reason with you, lest they lose by default. Accordingly, you should litigate only after determining there are no alternatives and also only if the rewards to be reaped outweigh the costs.