5 things you
need to know
about
Litigation
- Litigation is the process of seeking a judgment by a court or tribunal in relation to a dispute. Most commercial disputes do not result in litigation. But if you do find your business involved in litigation, it’s vital that you work with an experienced solicitor who understands the process. In some cases, you may also need the assistance of a barrister. A barrister is a lawyer who specialises in litigation. Your solicitor will be able to recommend whether you should engage a barrister.
- Litigation starts when one party files an “initiating process” or “statement of claim”, which is a document that outlines the case of the party bringing the dispute to court (usually known as the “plaintiff” or “applicant”). The other party (the “defendant” or “respondent”) will then file a “defence”.
- It is common for parties involved in litigation to attend mediation before their dispute is heard by a court. Reaching a settlement during mediation can help reduce time and effort spent in a more protracted court process.
- Remember that litigation is not necessarily about winning, but about getting the best result - bearing in mind the strengths of your case and the legal costs. Work with a pragmatic lawyer who understands these realities.
- Apart from litigation, other options for resolving a commercial dispute include negotiation, alternative dispute resolution, external dispute resolution and internal dispute resolution.
