November 29, 2017
Court proceedings or pre trial arbitration with the intent of negotiating demands or adjudicating civil procedures, without appealing for criminal sanctions, consolidates the core of civil litigation.
In layman’s parlance, civil litigation refers to formal disputes filed in the court of law against a party who committed a wrong, but not a crime in relation to labor law, maritime law disputes, child support & guardianship, family disputes, tenant disputes or breach of contract.
Legal professional representing parties seeking monetary compensation for damages or non delivery of promised service is termed as civil litigation lawyer or litigator. They are proficient in resolving disputes through reconciliatory measures or mediations outside of court. Often administrative agencies, foreign tribunals and federal, state, or local court systems are responsible for related hearings.
What sets a litigator class apart from other specialized legal advisor is his optimistic approach and gift of the gab to pursue strong headed plaintiffs to settle with the offer extended rather than the one dictated. Understanding the core principles and complexities in lines with the matter in question, he needs to delve deep into research in order to arm himself with apt knowledge to level the arbitration.
There are certain predefined guidelines that an experienced civil litigation lawyer follows mandatorily:
• Thorough study of the case
• Scrutinizing the plea
• Garnering evidence and testimonies
• Pretrial negotiations
• Defending his client before the law
• Evaluating the exchange or settlement of claims
It has been observed that most cases are resolved in the pre-trial stage through interlocutory mechanism, preventing the lawsuits from treading the further stages of litigation, saving the hassle of further appeal. In fact this prevents the lawsuit to get stretched over months and years, which is mostly not preferred by parties in dispute, unless the case is layered with unjust claims or complex allegations.
Civil litigation might sound an easy cake walk in absence of judicial proceedings unless a dire need arises. But, when faced with its intricacies, it surpasses court cases in terms of negotiation between two parties at loggerheads, reluctant to settle with lesser than the claim. Thus the entire responsibility of suppressing a potential aftermath or outrage has to be borne by a civil litigator in absence of a supreme authority.