Litigation is the practice of resolving disputes through the court system. It covers the full process of a legal case, from the initial decision to bring or defend a claim, through the exchange of information, to negotiation, trial, and the possibility of appeal.
This category spans several related practice areas. General civil and business litigation handle disputes over money, contracts, property, and business relationships, including business and corporate litigation and civil litigation defense. Appellate law focuses on asking a higher court to review a decision, and criminal appeals law applies that review process to criminal cases. Antitrust and trade regulation law addresses disputes about competition and fair markets. Alternative dispute resolution is grouped here as well, because mediation and arbitration are increasingly common ways to resolve disputes outside of, or alongside, formal court proceedings.
Common situations include a contract that has been broken, a business disagreement, a claim for damages, or a party defending against a lawsuit. Key concepts a non-lawyer should understand include the difference between a plaintiff who brings a claim and a defendant who responds to one; the role of discovery, where each side gathers evidence; the reality that most cases settle before trial; and the fact that an appeal reviews how the law was applied rather than retrying the facts. People typically consult a litigation attorney when a serious dispute cannot be resolved informally, whether they are considering filing a claim or have been sued.
