Considering litigation

Litigation is a process for resolving public and private legal disputes on civil matters through negotiation or through the courts. Until recently, the usual way to resolve a legal problem would have been to take the matter to court or a tribunal in the process usually known as ‘litigation’.

In many cases the process of litigation will lead to a settlement or agreement being reached before the final hearing. However, if this does not happen the court or tribunal will listen to the arguments from both sides and make a judgment about how the case should be resolved. The judgment may include an order for one party to the dispute to pay compensation and legal costs to the other although this may depend on the ability of the other party to pay. There may be a right of appeal against a judgment made through litigation. Litigation can be used for a range of problems including consumer problems and employment problems. Although it is possible to use litigation without legal representation it is advisable to take legal advice before proceeding and you may require legal representation through the process.

Although still a common way to resolve this type of problem going to court can be expensive, time consuming and intimidating and may ultimately lead to disappointment and frustration even if the litigation is successful.

Increasingly alternative ways of resolving conflict and disputes caused by breakdowns in relationships, complaints and legal problems are being used to sort out disputes. These new approaches to problem solving are referred to as ‘Alternative Dispute Resolution’ (ADR). They include things like arbitration, mediation and ombudsman schemes.

Increasingly courts encourage people to consider using ADR before resorting to litigation.

What are the advantages of ADR instead of going to court?

Advantages include:

Problems can be resolved quickly
The ADR process is more flexible and adaptable to individual situations
The ADR process is usually less stressful
ADR is significantly less expensive
ADR can achieve more sustainable solutions to problems in relationships

ADR schemes can also be used in conjunction with litigation to make it easier to reach agreement or reach a decision.

Either side in a dispute can suggest using ADR to solve the problem.

Small Claims Court

If you decide that ADR is not going to achieve the outcome you desire, you should consider whether your claim comes under the Small Claims rules. You can check out the websites at the end of this section for more information about the Small Claims process.

Do I need a lawyer to use alternative dispute resolution?

Just as you would seek advice when going to court, it may be advisable to seek advice when choosing an ADR method and when reaching an agreement. Advice can also be useful when you are writing a complaint letter or using a formal complaints procedure.

workplacewellbeing.com assumes no responsibility for the content of linked websites.