Resolving Disputes: Litigation, Mediation, and Arbitration

Litigation

Litigation is defined as the process of filing a case before a court. It is also known as "lawsuits".

Civil Litigation

Civil litigations are arguments between two or more individuals, non-profit organizations, or businesses, usually disputes of private law issues. Usually, it is brought to a court with the intention to recover a right or to receive damages.

Process of Civil Litigation

• Civil litigation starts when the plaintiff (also known as claimant or complainant) files a written complaint.


• The defendant (the one who has to answer the filed complaint) will then reply and will give a written "answer" to the complaint to make any appeal.


• The "discovery" process, where all parties will discover all the details involved in the case so as to prepare the trial.

The discovery process includes the following:

• Exchanging of documents


• Questioning and answering of witnesses


• Interrogations - written questions

Here are some possible civil litigations (not limited by the following):

• Employer-employee disputes


• Worker's compensation


• Violation of trade secrets


• Copyright


• Patent litigation


• Employee discrimination claims


• Shareholder derivative suit


• Tort claims


• Breach of partnership


• Confidentiality agreement disputes


• Employee grievance appeals


• General civil claims


• Debt collections


• Personal injury litigation


• Shareholder dispute


• Trademarks


• Debt settlement litigation


• Breach of contract


• Unfair competition

Alternate Dispute Resolution (ADR)

There are other methods in solving agreements before litigation is commenced. This is what they call, Alternate Dispute Resolution or ADR.

Here are some of the common methods of Alternate Dispute Resolution or ADR:

• Mediation
  
  Mediation is a process of resolving disputes that is focused on the effective negotiation skills and communication.
  
  In mediation, parties negotiate with each other in order to reach a settlement. A mediator assists both parties to make communication, more effectively.
  
  About 80%-85% of mediation processes succeed.
  
  Some of the benefits of mediation processes include the following:
  
  
  • Mediation resolves the problem quickly
  
  
  • Mediation is an effective process where the success rate is high (80%-85%)
  
  
  • Mediation does not cost much
  
  
  • Mediation produces better results because resolutions are created by the involved parties
  
  
• Arbitration
  
  The Arbitration process is somewhat similar to the process of litigation as it allows adjudication or the giving of a judgment or decree, however, the involved parties choose their arbitrator, an independent third person who considers the situation and gives a decision called an award. The arbitrator's decision may be binding (final) or nonbinding (decision will be made by the parties whether they would settle things or return to the litigation process).
  
  Some benefits of arbitration process include the following:
  
  
  • Arbitration does not cost much if the process is kept simple
  
  
  • In arbitration, the parties can choose an arbitrator who has expertise in law, trade, or business in which the argument has risen.
  
  
  • In arbitration, process is faster than the litigation process because disputes may be resolved within days, weeks, or months.

The process of resolving disputes are complicated, whether it is civil litigations, mediations, or arbitrations. It is important to seek some legal assistance to help you in any disputes that arise.