How Does Civil Litigation and Dispute Resolution Work in the UK?

Litigation and Dispute Resolution – What is Litigation and How Does it Work?

Litigation refers to resolving legal disputes in the UK courts by presenting evidence before a judge or jury, then deciding on the case. There are many types of Litigation, but they all involve presenting a case before some judicial body be it a judge or jury. There is an outcome at the end of it, which could include an award of money damages to the winning. This would cover for example medical bills incurred due to the opponent’s negligence in a personal injury case for example, or it could include payment of damages for breach of a contract.

The lawyers will present evidence to support their client’s case, and the judge or jury will decide based on this evidence, which can be oral and written, or in some cases written only. The parties may also be required to attend mediation or arbitration before Litigation commences. Sometimes mediation leads to an agreement being concluded or a consent order being obtained by the court endorsing the contents of the mediated agreement.

What are the Benefits of Litigation?

The benefits of Litigation include:

• It’s a Formal Process – The whole litigation process is peppered with rules and regulations. practice and procedure. and is detailed. The parties involved will receive guidance on what they need to do, which helps ensure that the litigation process runs smoothly.

• The results are Binding and Inviolable – If two parties go to court, the judge’s decision is final and legally binding on all parties involved in the dispute. This means that the losing party will have to follow the ruling made by the court but may have the right to appeal the decision to a higher court or tribunal.

• The ability to be awarded money damages if the case is won – If a party is successful in their claim, they may be awarded damages that can help cover the costs associated with the dispute.

What are The Disadvantages of Litigation?

The disadvantages of Litigation include:

• Litigation is expensive – Litigation can be extremely costly, not only in terms of legal fees but also in terms of the time and energy that is invested in the case. Furthermore, the parties may find themselves trapped in litigation and have to continue to fight even if they do not believe that Litigation is the best course of action.

• Litigation is time-consuming – Litigation is a detailed and time-consuming process that could take months or even years to resolve. Several steps are needed to be followed to resolve a dispute through Litigation, and these complicated steps can often take a long time to complete.

• Litigation can destroy relationships between parties – In Litigation, relationships can be severed, and Litigation is adversarial, pitting one party against the other rather than working together to resolve their differences.

In What Kind of Cases can I use Litigation?

• Matrimonial matters – Disputes between married couples can sometimes be resolved through Litigation. For example, such conflicts could involve child custody, spousal support, or division of marital assets.

• Claims against the government – People can litigate when they have a dispute with the government. It could involve damages for wrongful arrest or imprisonment, or indeed the grant of the right of a foreign national to say in the UK.

• Personal injury claims – If someone is injured and thinks someone else is responsible, they may choose to go to court and sue for damages. Damages could include medical bills, pain and suffering, and lost wages.

• Businesses Disputes – When two businesses have a disagreement, or individuals within withing the same organisation have issues they may try to resolve the business dispute through a legal process. Many disputes could involve disagreements over contracts or payments. In other instances, individuals and companies both can find themselves in situations where they need legal advice.  For such disputes, you may well need to seek the advice of an experienced team of commercial litigation solicitors who are capable of advising and representing you.

• Construction Litigation – This involves disputes related to construction projects. It can include issues like contract breaches, delays in project completion, disputes over payment, construction defects, and disagreements about the scope of work. Parties involved might include contractors, subcontractors, suppliers, developers, or property owners.

Are There any Other Options Available to Me?

Yes, there are other options available to you, such as Alternative Dispute Resolution. However, you should weigh the benefits and disadvantages of each option before deciding which one is best for you.

What is Dispute Resolution?

Dispute resolution is the approach of resolving a dispute between two or more parties. Most disputes are resolved through litigation, mediation, arbitration or other forms of alternative dispute resolution (ADR).

Litigation and dispute resolution work in different ways depending on the type of legal matter you are involved. 

It is essential to understand your options for litigation and dispute resolution if you are involved in a legal matter.

Why Use Dispute resolution?

Dispute resolution is a way to resolve legal disputes without Litigation. It can be a good option for people who want their dispute resolved quickly and efficiently or if they do not have the resources for Litigation. Having said that, many dispute resolutions involve legal representation and can be expensive in any event.

Disputes are often resolved through alternative disputes resolution (ADR), which is a process that includes the likes of mediation and arbitration.

Types of Alternative Dispute Resolution

There are many different types of Dispute Resolution, but the most common are:

• Mediation – Mediation is a form of dispute resolution where the parties meet with a mediator who helps resolve their dispute. A Mediator does not make decisions for the parties but assists them in negotiating a settlement that both parties would agree to. 

• Arbitration – The process of arbitration is where both parties have to agree in having their dispute resolved by an arbitrator. When a dispute can’t be resolved through discussion, an arbitration panel will decide the outcome. The arbitrator will listen to consider both sides and review any evidence that has been submitted by either party before rendering their decision.

• Adjudication – Adjudication is when a third party reviews the evidence from both sides and decides. An adjudicator is usually an expert in the subject matter of the dispute. They will usually be able to look at the evidence and decide. Adjudicators’ decisions are generally temporary binding until someone challenges them in court and non-binding, which means either party can ignore the decision if they want to.

• Conciliation – Conciliation is a process that is often used in employment disputes. This process happens before someone goes to court. The conciliator will talk to the people involved and help them reach an agreement. They might also give their opinion on the situation after looking at all the different arguments. Conciliation could help the people involved reach a settlement or end the dispute.