Litigation

Litigation is an act brought in court to implement a particular right. When a person begins
a civil proceeding, the person enters into a procedure called litigation. Under the range of
rules of Civil Procedure that govern actions in state and federal courts, litigation includes
a sequence of steps that may lead to a court trial and eventually a resolution of the
matter.1

Any argument between people, businesses, or other entities has the prospective to result
in the report of a lawsuit. These lawsuits advance in an systematic method through a
number of steps including:
1. Filing of a Complaint / Answer to Complaint
2. Pleadings
3. Discovery
4. Settlement Conferences
5. Trial
6. Appeal (possibly)

Alternative dispute resolution (ADR)

Alternative dispute resolution (ADR) is a method of addressing and settling parties’

disagreement outside of court’s conventional adversarial setting. Today alternative
method for settling disputes are so effective that courts often require parties to follow
these substitute before litigating.

Some common types of ADR include:

 mediation
 conciliation
 arbitration

Mediation

Mediation is an ADR process where an self-governing third party, the mediator, helps the
people in dispute to identify the disputed issues, arise options, think alternatives and try
to reach an settlement. However, the mediator does not give their suggestion or judgment
about the matters or have any role in deciding the result of the mediation.

Conciliation

1
https://legaldictionary.net/litigation/
Conciliation is an ADR process where a self-governing third party, the conciliator, helps
people in a disagreement to identify the disputed issues, develop options, deem
alternatives and try to arrive at an agreement.

Arbitration

Arbitration is an ADR process where the parties present disputes and proof to a self-
governing third party, the arbitrator, who makes a determination. Arbitration can be a
much more official and ordered process than mediation or conciliation. In some ways it is
more parallel to court, because at the conclusion of the session the arbitrator makes a
obligatory judgment.

Differences between Arbitration and Litigation

Litigation is a very old procedure that engages determining problems through a court,
with a judge or jury. Arbitration, on the other hand, involves two parties in a quarrel who
consent to work with a neutral third party in an effort to resolve the disagreement.

Here are some differences between litigation and arbitration:

1. Public/Private: The arbitration process is confidential, between the two parties

and unofficial, while litigation is an official process conducted in a public
courtroom.
2. Process speed: The arbitration process is fairly rapid. In litigation, on the other
hand, a case must wait until the court has time to hear it; this can mean many
months or years before the case is heard.

3. Cost: The costs for the arbitration are limited to the fee of the arbitrator and
attorney fees. Costs for litigation include attorney charge and court expenditure,
which can be very high.

4. Selection of Arbitrator/Judge: The parties in the arbitration process choose

jointly on the arbitrator and in litigation where as the judge is appointed and the
parties have little or no say in the selection.

5. Use of Attorneys: Attorneys may stand for the parties in arbitration, but their role
is restricted. In litigation attorneys spend much time collecting proof, making
motions, and presenting their cases.

6. Evidence Allowed: The arbitration process has a restricted evidence process, and
the arbitrator controls what proof is allowed, while litigation requires full
revelation of proof to both parties.

7. Availability of Appeal: In arbitration, the parties usually have no appeal

opportunity, unless an appeal has been incorporated in an arbitration clause.
Litigation allows numerous appeals at various levels.