What is Litigation
Litigation is a legal process where parties argue their case against each other through the usage of discovery and court room procedures. Parties involved are called litigants. Each party assembles its argument supported by findings and facts.
Parties involved are called litigants. Each party assembles its argument supported by findings and facts. Parties exchange documents pursuing their interest. Litigation continues until the involved parties' find a resolution or trial conclude. In the event a resolution is not attainable, parties will move forward to trial seeking court judgment.
On its part, the court usually extends the process of litigation through alternative dispute resolutions. As a first step, parties are advised to seek the assistance of a mediator (a neutral party trained professionally to help in conflict resolution with non-binding powers). If mediation fails, the court can accept the case directly or send it for arbitration (a neutral party with legal background who hold binding powers).
After the arbitrator issues a ruling, parties can accept the ruling or file for formal hearing with the court. Close to 91% of lawsuits end outside of the court room through mediation or arbitration (or mutual agreement). In the trial phase, parties can ask for a jury trial or trial by a judge. Federal and state laws limit the type of cases that can be resolved through a jury trial.
Once a decision had been reached, dissatisfied parties can file for an appeal, which takes longer time than the initial trial. Throughout the whole process, the guidance of a qualified lawyer is a must. Litigation can become expensive (depending on the legal question being pursuit, and the type and amount of damages each party is seeking).
Depending on background and experience, lawyers structure an understanding of essential problems and questions surrounding the case to formulate various answers for their clients. Also, lawyer's background and ability to generate findings play a central role in promoting position of the client.
ABOUT THE AUTHOR: John Habashy, Esq.
John R. Habashy attended the University of Southern California on a full scholarship and received a Bachelor of Science degree cum laude with departmental honors in Public Policy and Management. Mr. Habashy then attended the University of Southern California Law Center on a full scholarship. He has worked for former Los Angeles Mayor, Richard Riordan and spent a year working in the West Wing of the White House under former President Bill Clinton. Mr. Habashy also worked for Sol Price, founder of the Price Club, where he developed and evaluated commercial real estate proposals and consulted on the company’s community social programs.
More recently, Mr. Habashy’s work revolves around private equity funds, institutional lenders, developers and homeowners. His practice relates to a wide variety of debt, equity and restructuring transactions. In his practice, Mr. Habashy covers a broad spectrum of private equity, financial, commercial and consumer real estate transactions and litigation.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.