What does litigation mean?

Defining litigation

Litigation refers to the formal process of bringing and resolving disputes before a court. It typically begins when one party – the plaintiff – files a claim or lawsuit against another – the defendant. The objective is to enforce a legal right, seek compensation or obtain a specific court order.

Litigation differs from informal dispute resolution methods such as negotiation or mediation. It is an adversarial process; parties present arguments and evidence before an impartial judge – and in some cases, a jury – who renders a legally binding decision.

The litigation process

Litigation follows a structured path; each phase is governed by procedural rules that vary by jurisdiction.

The process typically includes:

• Filing of claims: The plaintiff submits a formal complaint to the court.

• Response: The defendant files a defence or counterclaim.

• Discovery: Both parties exchange relevant documents and evidence.

• Hearings and motions: Legal arguments may be heard before the trial.

• Trial: Parties present their cases; a judge or jury issues a decision.

• Appeals: Parties may challenge the outcome in a higher court.

Litigation can be complex and time-consuming; it often requires skilled legal representation to navigate procedural requirements and optimise outcomes.

When litigation is appropriate

Litigation is suitable when other resolution methods fail or when a binding judgment is required. Common scenarios include:

• Contract breaches;

• Employment disputes;

• Intellectual property claims;

• Shareholder conflicts;

• Personal injury cases.

Litigation may also be necessary to set legal precedent or clarify points of law. However, the potential costs – financial, reputational and relational – should always be carefully considered.

Alternatives to litigation

Modern legal practice increasingly emphasises dispute resolution methods outside of court. Mediation and arbitration offer more flexible, private and often faster alternatives.

However, these options are only effective when both parties are willing to engage constructively. When this is not the case – or when legal enforcement is required – litigation remains the most reliable path.

Conclusion

Litigation is a powerful legal mechanism for resolving disputes and enforcing rights. It offers a structured, enforceable process; however, it demands careful preparation and expert guidance.

Understanding when and how to pursue litigation is a strategic decision. Law firms that combine litigation expertise with a client-centric approach help organisations navigate this complex process with confidence and clarity.