Man and woman working against each other and experiencing frustration

Litigation employs the adversarial method of dispute resolution. The parties and their attorneys work in competition with each other to convince a third party (a judge or arbitrator) to see things their way. The judge or arbitrator, and not the parties, decides how the dispute will be resolved. But that may not necessarily mark the end of the litigation. If either party disagrees with the outcome, they can enter into an appeal process where they ask a different judge to overturn the decision of the original judge or arbitrator.

Litigation offers the certainty of an eventual resolution. But it places the power to decide the terms of that resolution in the hands of others. It is, by definition, the most contentious method of resolving a dispute. Accordingly, it is generally considered to be the most expensive as well.

Litigation can provide the best, or only, process option for parties who genuinely require someone else to make the decisions for them. Or sometimes, people are unable or unwilling to attempt to work together to seek mutually acceptable solutions.

After a career in the courtroom, I have chosen to focus my efforts on more peaceful forms of dispute resolution. But if you feel that litigation is the right process for your situation, I would be happy to recommend any number of trusted colleagues who can provide those services.

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