(Guest post regarding litigation in general, not just employment law claims). In simple terms, litigation refers to any controversy that is heard in the court of law in front of a jury or judge. In most cases, it is favourable if both parties involved in a lawsuit, can reach settle the case outside of court. However, complications arise when the parties cannot reach an agreement through negotiation. That is when the case goes to court for reaching a settlement. The case will be heard in a court and the decision will be made by the jury or the judge. Litigation is, thus, one of the ways that companies and individuals resolve disputes.
Why go for litigation?
When it comes to settling disputes, litigation is probably the most costly and lengthy process. However, litigation is the only way of resolving the conflict when arbitration and mediation fails or one of the parties is not willing to go for arbitration and mediation.
How do you file a lawsuit?
When filing a lawsuit against an individual or a company, there are some steps that you would need to follow. First and foremost, you would need to inform the party about whatever the controversy is. This is termed as “presenting a claim”. Though presenting the claim is the first step, it is also optional. If you are filing the claim, you need to learn the right way of going about it. The claim is a written document where you, as the aggrieved party, would explain how the other party is responsible for the harm or damages that you have suffered.
In some of the claim letters, the plaintiff threatens to file a lawsuit against the defendant. However, in other claims, the letter would describe the controversy, present the proposed resolution, as well as offer submitting the controversy to a mediator or arbitrator. If you are not able to settle the issue through the alternative ways of dispute resolution, you will have to file a complaint in court.
How do you file the complaint?
When you are thinking of filing the complaint, it would be best to hire an attorney to guide you through the process. There are rules and regulations that must be followed and you may not be aware of those rules and regulations. Only a legal professional can be well versed in these laws and they can provide you the right guidance that you need. There are other factors that you need to keep in mind. Such factors may include selecting the right court and the types of legal documents required. In that case, only the lawyer can help you to file the claim abiding by the rules and laws.
If you are thinking of filing litigation in jersey, you would need to learn about the laws and regulations that need to be adhered. However, it would be best to hire a legal representation before thinking of filing the lawsuit. Choose your lawyer wisely and make sure you hire the right one.
Jason Baker is a paralegal consultant and a contributing author with many online publications. In his articles he talks about what considerations you should make before hiring divorce lawyers in Jersey.
“It is wise to take a help of a legal expert while seeking a divorce from your spouse”, he advises. He further suggests you to consult a family lawyer in Jersey for a quick judgment.
You can visit Jason’s google+