What Is Litigation? Here’s How to Come to a Legal Agreement
If you and another party with to come to some sort of a legal agreement or settlement, then you know that you’ll likely need to file a lawsuit at some point in your proceedings.
But what about everything that happens before and after that?
While many people think that litigation and a lawsuit are synonymous, the proper way to define litigation is any kind of legal action that occurs before, during, and after the lawsuit itself.
In a nutshell, litigation begins the moment when an attorney is hired.
Now that you know the basic litigation definition, read on to learn more of the specifics – and to learn when litigation should be used.
The First Step in Pre-Lawsuit Litigation
Usually, litigation is proceeded by some attempt between the two parties to negotiate – to reach a settlement without taking the matter to trial.
Though some people may see reaching a settlement as an “easy way out,” the reality is that it’s often the best option for all parties involved. Everyone saves on legal fees, the person suing receives at least some compensation, and all are spared the emotional burden of an extended case.
If the offer you receive is reasonable and if everyone feels they’ve had time to investigate the ins and outs of the case, and if there is genuinely a way to compromise, negotiation is the way to go.
This often happens in cases of agreeable divorce, smaller lawsuits, and in cases where it’s clear one side has a serious advantage over the other.
The Trial Process
Sometimes, litigation is meant to proceed to the courtroom for a trial.
This is rare, but if the trial is likely to be a precedent for potential future legal action, if you’re trying to protect intellectual property, or if you simply need a jury decision, it may be wise to go to trial.
The same goes if it’s your goal to put a competitor out of business, want to learn more about how to protect a real estate investment, or if you’re dealing with public policy.
After The Trial
Once you have a verdict – no matter how happy you are with the outcome – litigations are still in process.
Usually, this part of the litigation process deals with how any monetary compensation will be paid out. In some cases, further negotiation may take place, or the claim may be rejected.
It also refers to all the paperwork that needs to be filed to mark the case as officially closed.
Litigation: Your Legal Agreement From Start to Finish
We hope that this post has helped you to better understand the true definition of litigation.
Remember that your trial does not always begin and end in the courtroom. In fact, whenever possible, the right move is usually to settle out of court.
Want to learn more about how to reach a fair negotiation? Still convinced your case needs to go to trial? Need tips on how to find the best attorney for your case?
Keep checking back in with the blog to make sure you’re always in the know when it comes to all things law and order.