A civil “litigation” occurs when legal disputes are to be decided and settled in a court of law. (Merriam Websters). The final portion of litigation is a trial. Because some 90 percent of cases that are filed never make it to trial, it is worth discussing what happens from the time of filing.
When one person declares to another: “I’m going to take you to court,” they are often talking about litigation. Simply put, litigation is when people sue one another. To litigate means to “decide and settle in a court of law.” Most litigation will take a year of more to get from beginning to the end. More, it can cost thousands or even tens of thousands of dollars when attorneys are involved. While individuals can represent themselves in court (“pro per”), corporate entities cannot and must be represented by attorneys.
Many lawyers make their career specialty litigation (like I have). There is certainly a special skill involved in taking a case to trial before a judge or a jury. That said, litigation should almost always be considered as a last resort, and not a first resort. While some cases are “settled” or put to rest by a trial or other conclusive means as defined above, litigation will truly settle before it ever gets to trial 90% of the time. Therefore, while some consider the litigation process the path the court, in truth, it is often the route to create the best conditions for settlement.