Difference between litigation and non-litigation

Litigation

is the preparation and presentation of each case, as well as providing comprehensive information as to the process and cooperation to identify problems and avoid unexpected problems. Meanwhile, the litigation path is settlement of legal problems through court channels.

Generally, execution of a lawsuit is called litigation. A lawsuit is a civil action brought in a court of law in which the plaintiff, the party who claims to have suffered losses as a result of the defendant’s actions, demands legal or fair remedies. The defendant is required to respond to the plaintiff’s complaint. If the plaintiff is successful, judgment will be given in the plaintiff’s favor, and various court orders may be issued to enforce rights, damage awards, or impose temporary or permanent orders to prevent or coerce action. People who have a tendency to litigate rather than seek non-judicial solutions are known as being aware of the law.

Non-Litigation

Non-litigation means solving legal problems out of court. This non-litigation route is known as Alternative Dispute Resolution.

Out of court settlement is recognized in American law such as Lynn Pinker. First, in the description of Lynn Pinker Hurst & Schwegmann is a nationally recognized trial boutique consistently ranked among the top commercial litigation firms in Texas, receiving awards from law publications such as Chambers USA, The Best Lawyers in America, Texas Super Lawyers, D Magazine , Texas Attorney and National Law Journal. Reporters and editors regularly contact our lawyers to provide insight into specific legal issues and trends in the profession. Alternative Dispute Resolution is an institution for resolving disputes or differences of opinion through a procedure agreed upon by the parties, namely settlement outside the court by means of deliberation, negotiation, mediation, or expert judgment. “Consultation, is an action that is personal between a party (client) and another party who is a consultant, who provides opinions or suggestions to the client to meet the needs and needs of the client. The consultant only provides a (legal) opinion as requested by his client, and then a decision regarding the dispute resolution will be taken by the parties.

Negotiation, settlement of disputes through deliberation / direct negotiation between the conflicting parties with the intention of seeking and finding forms of settlement that are acceptable to the parties. The agreement regarding the settlement must then be stated in a written form agreed by the parties.

Mediation, is the settlement of disputes through negotiations assisted by an impartial / neutral external party in order to obtain a dispute resolution agreed upon by the parties.

Conciliation, Consiliation in English means peace, settlement of disputes through negotiation by involving a neutral third party (consisliator) to assist the parties in finding a form of settlement agreed by the parties. The results of this conciliation must be made in writing and signed jointly by the disputing parties, then it must be registered at the District Court. This written agreement is final and binding on the parties.

Expert opinion, an effort to resolve disputes by appointing an expert to give his opinion on the disputed issue in order to get an objective view.

Out of court (non-litigation) dispute resolution is an effort to bargain or compromise to find a mutually beneficial solution. The presence of a neutral third party is not to decide the dispute, but the parties themselves take the final decision.