Litigation FAQs

WHAT ARE LITIGATED CLAIMS?

Litigated claims complaints that become formal written claims that are filed with a court. They are formally issued and identified. They may be referred to as a “claim” or a “case.”

WHAT DOES LITIGATION MEAN IN A SETTLEMENT?

A settlement involves a negotiation process where the parties agree to resolve the dispute without going through a trial.

However, in some cases, a settlement can still lead to litigation if one side fails to cooperate with the settlement process.

WHAT IS THE DIFFERENCE BETWEEN A LAWYER AND A LITIGATOR?

Lawyers provide legal advice to and assist clients. They can represent clients in a broad range of situations, including in court.

Litigators are trial or courtroom lawyers who frequently handle civil cases, such as legal action against an individual, group, or business. Litigators regularly represent clients in court and argue cases before a judge.

WHAT’S THE DIFFERENCE BETWEEN MEDIATION AND LITIGATION?

Mediation is a type of dispute resolution where a third-party mediator works with both parties to help them reach an agreement on their dispute. The mediator does not determine the outcome. Instead, they facilitate the discussion so the two disputing parties can reach a resolution that works for all involved.

Litigation is a binding form of dispute resolution where a judge or jury hears the evidence and makes a decision on the case.

WHAT DOES PENDING LITIGATION MEAN?

Pending litigation refers to a case in a court of law that is in progress but is awaiting a decision or settlement, or remains undecided. It may result in an interest being registered against title or real property if same is involved, preventing sale or mortgaging.

WHAT IS LITIGATION RECOVERY?

Litigation recovery refers to the cash or property received by the successful party due to the non-appealable or final judgment in or settlement of the case. For example, it can include (but is not limited to) awards of damages, interest, punitive damages, and court costs and other expenses.

Note: The information in this blog is not legal advice. Consult a lawyer for advice for your situation.