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What is Litigation?


The term litigation is often used to refer to proceedings commenced between two parties with the aim of defending or enforcing a legal right. Generally, litigation is settled when parties agree though it can also be heard by a judge or a jury in a court of law. Contrary to common belief, litigation isn’t just another term for a lawsuit. Rather, it involves a series of activities prior, during and even after a lawsuit in order to execute a legal right. Besides a lawsuit, arbitrations, pre-suit negotiation, appeals and facilitations can all entail a litigation process. Ideally, the process of litigation starts the moment a person opts to defend or enforce a legal right formally. In many instances, this occurs when a person seeks representation of his or her interest by an attorney. Many attorneys are involved in various pre-suit activities such as writing demand letters on behalf of their clients to demand compensation for physical or economic injury and filing notices with courts.

What a Litigation Process Entails

The initial step of a litigation process is investigation. Where there is no information regarding the harm that happened, litigation efforts become futile. Litigation parties an attorney usually conduct independent widespread investigations to get facts and probable outcomes with respect to a specific case before filing a suit in court. This thorough investigation usually helps focus a case and satisfies the aggrieved party and the attorney that harm was actually causes by a defendant and confirms that there is remedy provided by the law for such harm. Getting all the facts rights about what transpired, how as well as why there is legal provision for remedy helps the aggrieved person present a case to the defendant effectively. This marks the beginning point of preparations by the aggrieved party to present their law and facts to a court of law.

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Posted by on Oct 23rd, 2014 and filed under Humanities, Legal. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.