Free Litigation Advice

Litigation is a legal process which can cover a wide range of legal problems and disputes in both civil and criminal matters. If two parties are unable to come to a settlement through their solicitors, mediation or correspondence then litigation will be the next step.

Litigation is one of the many forms of dispute resolution and takes place when a case is sent to the courts or a tribunal in order to receive a decision. In such circumstances the case will be made in front of an independent panel of people and/or a judge. A decision which is made by the courts is final and must be followed through by both parties. decisions are also made public so if this is a private problem you should consider solving it through other methods of dispute resolution.

Some well known litigation proceedings involve employment tribunals or the small claims court.

Parties involved in a dispute are encouraged by the Civil Procedure Reforms Act 1999 to only issue court proceedings as a last resort and if all other routes have been used to come to a decision and have been unsuccessful. Court cases can be daunting which is why it is always recommended you achieve dispute resolution through mediation, correspondence or meetings of both parties and their legal teams all of which are easier than going through the court system.

When going through court you are at the mercy of their decision, even if you do not like it, with dispute resolution you have the opportunity to negotiate a decision and add your own terms, working with the other party.

Taking a case to court or tribunal can be a lengthy process, especially some tribunals and courts have a backlog of cases waiting to be heard. Dispute resolution on the other hand is simple, quick and easy and takes place quickly after the decision is made to proceed with such methods at a time that suits both parties.

One of the biggest disadvantages is the cost, dispute resolution is somewhat cheaper than going to court. If the case gets taken to court you will have court fees to pay, potential barristers fees and the hourly rate of your solicitor for the long period of time which is involved getting a case ready when collecting evidence and so on.

If you have a dispute with another party you should discuss forms of litigation and dispute resolution with your solicitor. There may be an option that suits your particular circumstances.

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