Litigation can be an Expensive Way to Settle Disputes
Litigation is a case in the civil court with the purpose of winning compensation for a wrong done or to settle a dispute. Litigation cases can be in the form of eviction proceedings, contested divorces, entertainment industry disputes and even, non-paid bills. Quite often, many of the litigated cases may never actually reach the trial process in the courtroom.
Litigation is a means to resolve a dispute. In a litigation case, the defendants and plaintiffs are called litigants, while the attorney who represents them are referred to as litigators. Litigation attorneys help clients resolve civil lawsuits. If a case requires an attorney to resolve the matter, it can be called litigation. However, if the concerned parties are in agreement, then there is no case for processrätt Stockholm. These type of cases like estate planning or business formation, are handled by transactional lawyers who specialize in business law. Transactional lawyers do not handle lawsuits.
However, where civil lawsuits or tort cases (lawsuits that are not contractual) are concerned, for example, negligence in a road accident, the applicable Code of Judicial Procedure will apply. The concerned parties must follow the steps described for the processrätt Stockholm process. Though, all civil lawsuits follow the same general pattern, each case has a specific set of procedural rules that litigants must comply with.
Arbitration and mediation are other common methods used by Rådgivare Stockholm to resolve civil lawsuits. Arbitration is a preferred method for commercial contracts. Mediation involves structured negotiations between concerned parties. Either can be conducted side-by-side with litigation, when the concerned parties may try to negotiate. Both arbitration and mediation involve the use of neutral third party to oversee the negotiations. While arbitration may require more than one mediators to resolve the dispute, mediation requires only one mediator. Meditation is non-binding, while arbitration is binding and once the negotiations are a success, arbitration usually becomes the trial process. Mediation is the more popular between both; however, it is not suitable for matters of complex nature.
Disputes like divorce are best resolved with negotiations. The advantage of negotiation over litigation is that the dispute can be resolved by divorce financial Rådgivare Stockholm, without having to go to a court of law. Negotiation has economic and practical advantages over litigation. Litigation requires going through the court system. Moreover, it involves leaving the final judgement to the judge which both parties may not like but will have to follow. In negotiations, both parties are fully aware of the exact terms of the settlement and will try to make it work since they were actively involved in the settlement process. Litigation may also give rise to resentment over the court’s ruling. Inability to abide by the court’s decision, may force the contesting parties to end up going back to the court.
In general, litigation in whatever the civil lawsuit, is the most expensive, time-consuming and emotionally straining way of resolving a dispute. When compared with arbitration and mediation or negotiation, litigation is most often avoided.