Litigation and arbitrationLitigation and arbitration are two issues always associated with each other during the litigation process. The litigation has led to the new arbitration so you understand how about two aspects. Today I will present the basic concepts and the steps in litigation and arbitration proceedings? litigation is a legal proceedings in a court; a judicial contest to determine and enforce legal rights. The dispute occurs when two or more sides don't have the same perspective, comments that make the party happen tension to be resolved leads to litigation to resolve that issue still. The dispute was resolved by common agreement between the parties, but may also be heard and decided by a jury or judge in court.the dispute is not simply a name for a lawsuit. Litigation consists of any number of activities before, during and after a lawsuit to enforce a legal right. In addition to the actual lawsuit, money talks, suit, facilitations and appeals can also be a part of the litigation process. The steps include litigation1. Litigation before the lawsuitLitigation begins the moment someone decided to officially enforce or defend its legal rights. In most cases, this happens with this one side hired a lawyer to represent their interests. Most of the lawyers involved in a series of litigation "Pre-match" activity. This can include many things, from writing a letter on behalf of a client is called a demand letter, to require a party to compensate a victim for physical or economic injury, to send a message to the chase with a local court. Fits Pre-with specific issues is litigation and changes depending on the circumstances surrounding a particular case. However, there are many steps in the lawsuit occurred in almost all cases.The first step in any dispute is investigated. Litigation is pointless without information about the damage. Lawyer, and parties, often conducted extensive research independent of the event and the potential outcome of a particular case before filing suit. A thorough investigation before the match focus the issues in the case and satisfy the party wronged and his lawyers that the damage was actually caused by the defendant's potential and the law provides a remedy. The truth of what happened and how and why the law provides a remedy for wronged parties permission to present the case for the party who caused the damage in an effective manner. It is also the beginning of the wronged Party prepare to present the facts and law to a Court of law.-Pre-match talksNormally, in accordance with Pre-litigation including the negotiations between the parties, designed to avoid the cost and inconvenience of a formal lawsuit. The letter sent to the party who allegedly caused the damage was designed to convince the party party wronged, the plaintiff, there is a basis for solid evidence, the claim and the documents of the money value of the damage caused, in order to give the defendant the opportunity to settle before removing a large amount of money in the next lawsuit. However, the plaintiff typically require more than they believe the defendant will be willing to pay. The defendant often reacts with a small amount more than they may actually be willing to pay. However, it is not uncommon for a case to solve before or immediately after a lawsuit was filed, for a number of in between what each party initially suggested. Insurance companies especially those who supported the resolution first.-Alternative dispute resolutionFacilitation, mediation, or arbitration-all forms of what are often called "alternative dispute resolution" or "ADR" — sometimes comes out before the match, or even substitute for a formal lawsuit. Again, this is largely a move to save costs. Facilitation and mediation is mainly informal process. Each side presented the case of a lawyer or an independent panel of lawyers. The facilitator or mediator then attempted to negotiate a settlement between the two sides. Sometimes, a facilitator or mediator will "put some" on a case. This means that he has to give a dollar value on the case that he believes is a reasonable amount to solve the problem. The parties then have a fixed time for acceptance or rejection. If both parties agree, the case settled.Arbitration is a more formal type of ADR. It is often triggered by a clause of the contract, where the parties or one of the parties have signed an agreement saying they will accept arbitration in case of dispute. The referee is basically a court case being heard by a panel of lawyers or a single lawyer instead of a judge or jury. It is less formal than litigation in the courts system, and while not without costs, arbitration can often cheaper than a court case due to less stringent rules apply to the proceedings.Arbitration can sometimes occur in the later stages of the litigation, such as during the test, when the parties agree that they want to proceed with the case or limit costs.-LitigationThe official lawsuit is what most people think of when they hear the term litigation. A lawsuit involving a plaintiff filed an official complaint with the appropriate court, and then serve a copy upon the defendant to give them notice of impending court case. The defendant then file an answer within a specified time period, and the lawsuits began. The rules relating to the case officially changed from city to city, State to State. Suffice it to say that the lawsuit of a formal complaint usually involves three stages: discovery, trials and tests.-ExploreDiscover is the official investigation of the facts of a case, including primarily the exchange of evidence and information between the plaintiff and the defendant. During the period, trade lawyer written request to detect such interrogatories (written questions), the request to produce documents and evidence, and the entry requirements, it is required that the opposing party to acknowledge some of the facts of the case. Explore often include depositions, which the official lawyer asked questions of the parties and sometimes a third party may be a witness. A deposition is a formal question answer session, which is done under oath and transcribed, that means that copying from the wallet from the Court, a reporter for later use by both parties.-Motion practiceThe lawyer also involved in the practice stage motion detection. Motion practice is the mechanism where one party, through their counsel, petitions the Court to make a decision about a disputed aspect of the case. General practice movement related to the short summary, be targeted and the oral argument presented to the judge. That move could include asking for more time to explore or dispositive motion such as the motion for summary judgment.Dispositive motion is a motion asking the Court to rule in favor of a party without a trial. Dispositive motions are generally long and complex issues, as they must show that in no case can any development in the event that support any result other than the dismissal of the case. The Court prefers to have juries decide cases, and will find a "matter of fact", or can request a dispute examined by a jury, whenever they can. Only when the facts and law converge to form an armored case against a party will judge a agree to ignore it.-TestAfter the play closed, all the pre-trial motions have been heard and ADR is not desired, a case moves toward trial. The vast majority of disputes never reached the trial stage, and with good reason. The proposed test expensive and uncertain and there is something of a gamble for both sides.Another test is the official presentation of a case to a trier of fact, which is often a jury. Sometimes, lawyers will agree to a test bench, which means that the judge will make the final decision about liability. However, the test bench is very rare in the case of any significant monetary value. In a test Board
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