What is Litigation?
Litigation is a form of dispute resolution and how a dispute is resolved can vary depending upon a number of different factors. One of the things we look at is: What are the goals and objectives of the client? What’s the relationship between the parties? What’s the particular nature of the dispute? What are the challenges in the dispute? What type of information is available? What’s the likelihood of the length of resolving the dispute, if we go all the way to court?
Before Going to Court
When we talk about the goals and objectives of the client, one of the things we explore early on is, is there a desire to resolve the dispute in pre-suit before a lawsuit is actually filed? Litigation doesn’t ultimately, or a litigation practice doesn’t ultimately mean that we go directly to court.
If there is an opportunity to resolve a dispute, pre-suit and preserve an existing relationship between parties, a business relationship, or a valued relationship with a public entity, then we pursue those opportunities on behalf of the client.
Pursuing a Claim in Court
If ultimately we’re not able to achieve a desirable outcome through pre-suit negotiations through a pre-suit resolution process, then we move into pursuing a claim in court, filing a lawsuit in federal or state court, and then taking it through the litigation process in a court proceeding. Or if there’s an arbitration clause, we pursue resolution through the arbitration procedure.