When disagreements escalate into legal matters, there are different ways to reach a solution. The choice between litigation and alternative dispute resolution depends on factors such as cost, time, privacy, and the complexity of the issue.

What Is Litigation?

Litigation is the formal process of taking a dispute to court, where a judge or tribunal makes a legally binding decision. It follows strict rules of procedure, involves public hearings, and often requires significant time and expense. In some cases, parties may explore litigation funding from specialists such as https://www.novo-modo.co.uk/litigation-funding to help manage these costs. While it can be stressful, litigation may be the best route for complicated disputes or cases where a legal precedent must be established.

What Is Dispute Resolution?

Dispute resolution refers to a range of alternatives to court, including mediation, arbitration, and negotiation. GOV.UK has a guide that explains mediation. These methods are usually faster, less costly and confidential, allowing sensitive matters to remain private.

Key Differences

Litigation and dispute resolution differ not just in process but also in philosophy. Court proceedings are adversarial, with outcomes imposed by a judge. By contrast, alternative methods often encourage cooperation and allow parties to agree on solutions.

Choosing the Right Path

Selecting the most suitable approach depends on the nature of the dispute, the urgency of resolution, and whether preserving a relationship is important. In some situations, starting with negotiation or mediation and keeping litigation as an option provides flexibility.

Both litigation and dispute resolution can be valuable, but the right choice depends on the type of case.