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Litigation may seem like a messy word labelling a messy process — but it's a common reality for business owners and individuals. This article will demystify litigation, explain the differences between mediation and litigation, and help you figure out whether a litigation lawyer can help resolve your disputes.
There are two forms of litigation—civil and commercial. A civil dispute usually occurs when one party is seeking monetary compensation or what is known as 'performance'—this is when one party wishes to ensure another complies with a contract. Commercial disputes occur between a business owner and another party—this could be a competitor, supplier, partner, employee, even a customer—but the common thread is that these disputes will often need legal litigation.
Litigation is the process of solving these disputes through a court or tribunal, and this is where a litigation lawyer comes in. A litigation lawyer will help guide you through the process, and eventually, present your case in a way that ensures you get a fair hearing—they may do this either in a court or tribunal or through the process of mediation.
There are two reasons why you may need a litigation lawyer—if you are planning on bringing a claim against someone else, or if you are going to be defending a claim brought against you. Usually, a claimant will decide to bring forth a claim if a dispute can't be resolved without requiring legal intervention—and often after other steps such as mediation have failed. If you're aware of a claim being brought against you, it's important to consult a litigation lawyer as soon as possible so that you get fair representation.
When resolving disputes there are two methods of approaching things—litigation and alternative dispute resolution processes. Litigation is a legal process brought through a court or tribunal—and therefore requires each side to have legal representation in the form of a litigation lawyer.
The reality of most disputes is that finding an amicable resolution for both parties can be a struggle—whilst no one necessarily wants litigation, bringing in a litigation lawyer will help ensure that a result is achieved. Furthermore—litigation can help protect your interests, ensuring you don't settle for less than you need.
However, litigation is also a more timely and expensive process—and this is why people will often attempt alternative dispute resolution processes first. Alternative dispute resolution processes encompass a wide range of actions, from mediation for civil and commercial cases to ombudsman for matters of debt collection.
A litigation lawyer will work for you to ensure that your stance—whether that is as the defendant or the claimant—is argued fully and that your interests are represented in any court or tribunal proceedings. They may also be able to act as a mediator or facilitate alternative dispute resolution processes.
When it comes to resolving disputes in favour of the defendant—a litigation lawyer will be vital. These disputes will often involve important monetary compensations and contractual obligations and you will need to do what you can to ensure a favourable outcome. A litigation lawyer will bring a wealth of experience when it comes to presenting the facts of the case, arguing in court, and assembling important discovery documents.
For claimants—if you're planning on bringing a claim against someone else, it's important to make sure you have a strong case first. A litigation lawyer can only be successful if there is a strong case to be won. This is why it's a good idea to search around and see which law firms offer free consultations or legal advice in advance of being hired and to seek out multiple opinions if possible, before advancing your case.
This will depend entirely on the nature of the dispute—and how effective communication can be between both parties. If you believe that a resolution can be reached that will satisfy both parties—then mediation will prove a better option than proceeding with litigation. Often, it's a good idea, to begin with, mediation as a first approach, as litigation can be an expensive and time-consuming process with an uncertain result. If mediation is unlikely to be successful or not working, then you should proceed with litigation processes and hire a litigation lawyer.
Many law firms will offer free quotes for litigation lawyer services. Before you ask for a quote, you should consider the following:
Here several firms offering free litigation lawyer quotes: