A legal dispute is a disagreement that requires a legal process to resolve. Most disputes are settled through negotiation, mediation or arbitration, but some go through litigation. Lawyers must understand all types of dispute resolution, including litigation, to effectively represent their clients.
Litigation is a formal process in which parties present evidence and argue their case to a judge or jury. It’s often costly and time-consuming, and it can be difficult to predict the outcome. However, it remains the most common form of dispute resolution.
An important consideration in litigation is the concept of standing. In order to bring a case before the courts, an individual must demonstrate that they have a “genuine legal dispute,” meaning that they have a real interest in having a court settle their issue. Failure to establish such standing may result in dismissal of the case by the courts.
Alternative methods of dispute resolution are more cost-effective, less time-consuming and allow for a more flexible solution to a conflict than litigating in court. Many contracts include mandatory mediation or arbitration provisions. Lawyers must be familiar with the benefits and limitations of different ADR processes to be able to recommend the best option for their client. Dispute resolution can also involve negotiated settlements, which can save both time and money.
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