Litigation

Litigation is the process of resolving disputes through the court system. It covers civil and, in some contexts, administrative or criminal matters, though it commonly refers to civil proceedings between private parties. It is distinct from alternatives such as negotiation, mediation, and arbitration, which may offer faster or less costly paths to resolution.

Typical litigation proceeds through several stages. Pleadings establish the issues, involving a complaint or petition and a response. Service of process delivers notice to the parties. Discovery permits the exchange of information, including documents, depositions, and interrogatories. Pretrial motions, the trial itself (with or without a jury), post-trial motions, and potential appeals follow, with lawyers presenting evidence, examining witnesses, and arguing points of law.

The burden of proof varies by jurisdiction and case type. In civil litigation, many systems require a preponderance of the evidence, while criminal litigation demands proof beyond a reasonable doubt. Outcomes include judgments awarding damages or injunctions, settlements reached before or during trial, or dismissed claims. Judgments may be enforceable through various mechanisms, depending on local law, and may be appealed to higher courts.

The process involves multiple actors, including judges, lawyers, and court staff, with rules governing procedure and admissibility of evidence. Costs and risks are significant; parties may incur substantial attorney fees, expert fees, and court costs, and outcomes are not guaranteed. Access to justice issues and jurisdictional differences influence the use and effectiveness of litigation.

Because of its cost, duration, and public nature, many disputes are resolved outside courts through alternative dispute resolution or court-annexed processes. Litigation remains a formal, structured forum for adjudicating rights and obligations when other methods fail or are unsuitable.