Litigation Law

Taking legal action

Within any setting it’s not uncommon for disputes to arise, including among suppliers, with customers, competitors and employees.

See below for the key legal areas of resolution.

Litigation

Litigation is the more conventional process of dispute resolution, often involving a "pre-action protocol" prior to the next step involving the courts. Pre-action protocols, which are practiced in England and Wales, set out the future proceedings. The protocols are produced to encourage an information exchange early in the proceedings in order to potentially pave the way for a settlement of the dispute, preventing the case reaching courts. The prior discussion of the facts and establishing of the case help identify all considerable aspects helping access the necessity of court proceedings.

Arbitration

Arbitration on a large scale can be not too dissimilar from court proceedings, and is primarily constructive in resolving disputes multi-nationally. Parties contractually agree to refer disputes to arbitration for a legally binding decision.

Held privately, arbitrations can follow set procedures governed by the arbitrator when an agreement with the parties has been reached, or alternatively can follow rules set by official bodies such as the International Chamber of Commence.

Alternative Dispute Resolution

Most commonly consisting of "assisted" negotiations, alternative dispute resolution (also known as ADR) embodies a variety of methods of dispute resolution, with the ultimate aim of reaching a settlement. The ADR process ordinarily produces a non-binding result, which can often lead to an ineffective dispute resolution.

ADR is, however, a more financially viable measure than the traditional litigation path.

Mediation, a frequently used process of ADR, consists of an independent, neutral mediator facilitating a discussion forming a settlement.

ADR’s advantages can include the effective preservation of relationships, the construction of flexible solutions, additionally to minimising exposure.

Commercial settlement

A commercial settlement is an agreement that can be formed at any stage of the above process, enabling the participating parties to cap costs and commercial implications of further actions. The settlement is not always a reflection of the legal positions of the involved parties, but often a result of commercial and/or business convenience.

A look at litigation

If you're involved in a dispute that seems intractable, you may feel that litigation - the filing of a lawsuit - is the best means of resolving the situation.

A legal advice guide to litigation law

It is an unfortunate fact that many disputes that arise between two parties cannot be fixed by any form of dispute resolution other than that of litigation.

When does litigation arise in employment law?

Employment law is always changing, and with the alterations to rules and regulations, the processes required to deal with these laws are growing too.