What is Litigation Law? It is most closely identified with civil law or tort law and the bringing of lawsuits. Lawsuits are legally authorized controversies that are decided by a court of law, and when one individual sues another individual, they are engaging in litigation law. The purpose of a lawsuit is to remedy an injustice or to enforce a right.
In a lawsuit the parties are known as plaintiffs, defendants, applicants, petitioners and/or respondents, but they are all considered litigants during an ongoing trial. In most, but not all matters, the litigants may represent themselves in a lawsuit. However, when they do retain legal counsel, their attorneys are known as litigators. This is often the wiser choice because litigation law encompasses several difficult and complicated legal procedures which calls for the expertise of a knowledgeable litigator with the skills and experience required to successfully navigate the laws, rules and policies that govern the litigation process.
Although historically litigation has been the more common method used for corporate entities and individuals to resolve legal disputes, alternative dispute resolution (ADR) is increasingly becoming a prevalent option. Unlike litigation, which requires a jury or a judge to make a legal determination when disputes arise, mediation and/or arbitration allows for the parties to talk things out and attempt to resolve the issues without court intervention.
