Litigation vs. Mediation vs. Arbitration
Many people want to know what litigation is, what the ramifications of litigation are and whether there are any alternatives to litigation. Generally, litigation is when one party sues, or files a lawsuit, against another party. The filing of the lawsuit kicks off litigation and the parties are now involved in a lengthy battle that can be extremely expensive as well as emotionally draining. Once in litigation, you are officially under the jurisdiction of the relevant court system. This means your attorney will be working with opposing counsel, judges and their clerks. The lengthiest and most challenging aspect of litigation, prior to trial, is discovery. This is where both parties engage in fact finding to strengthen their case. Discovery can be extremely expensive especially when a case is complex and involves multiple expert witnesses. Finally, if the case has not settled, litigation ends in a trial. Trials are held in front of judges, in the presence of a jury and the jury returns a verdict in favor of a party.
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