While the majority of the population would use the word “litigation” as a synonym for what is known as a “formal lawsuit,” that is technically incorrect. Litigation begins at the onset of someone deciding to use the legal system to enforce or defend his legal rights and is simply all parts of the process that is necessary to
Litigating an issue can come in many forms and can be for any number of issues:
These occur when the parties are trying to avoid inconvenience and costs in going through a formal lawsuit and can happen even before a formal complaint is filed in the court. This step often involves sending a demand letter to the party accused of perpetrating a wrong; a demand letter is a letter that details the grievances that the wronged party suffered and includes the amount of compensation that they believe will right the wrong suffered.
This kind of negotiation works well in personal injury cases, particularly when negotiating with insurance companies, as they prefer to avoid courtroom lawsuits when feasible.
ADR or Alternative Dispute Resolution
This is a common way to resolve legal issues and also save costs in one step. ADR has both sides present their case to an impartial third-party, typically called a mediator, who then attempts to negotiate a settlement that will be satisfactory to everyone involved.
This is common in family law cases, like divorce, as attempts are usually made to keep relations civil, and the typical formal lawsuit distance is much more adversarial, making ADR an ideal solution.
And of course:
This form of litigation is what most people think about and involves going through the legal channels, filing motions, and conducting discovery. This is usually the most expensive option, and for this reason, the majority of cases are settled without either party having to step foot in court.
If you or someone you know is in need of legal advice on how to proceed in the litigation process, call The Don Turner Legal Team at (770) 594-1777.