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According to the Merriam-Webster Dictionary, to litigate means "to carry on a legal contest by judicial process." Litigation is the process of conducting a lawsuit, including preparing and presenting your case in court.
Context
Litigation is most commonly associated with civil cases. In civil litigation, two or more parties go to court to resolve a private dispute.
Parties
The person who files the lawsuit is called the "plaintiff." The "defendant" is the person being sued. These parties to the lawsuit may be individuals, businesses or other entities.
Process
A lawsuit begins when one party files a "Complaint" and the defendant responds in an "Answer." These filings, called the "pleadings" of the case, define each party's position and define the lawsuit's legal issues. Litigation refers to the activities that are required to put the case before the court.
Outcomes
Often the parties in a lawsuit resolve their differences before the litigation proceeds very far. The defendant offers a settlement, which may be a cash payment or other compensation, to resolve the dispute. Otherwise, the court decides whether the defendant is in the wrong and, if so, what compensation is owed.
Alternatives
Mediation and alternative dispute resolution offer parties a faster, less expensive means of resolving disputes.
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