Litigation

4 May 2022

Share article:

Tags:

Litigation is a form of dispute resolution. Unlike ADR litigation involves a judge who has the authority to make decisions. Each party is represented by a lawyer to argue their case. Unlike mediation or conciliation, litigation is not voluntary or confidential and can take a long time to resolve.

In mediation, disputes can be resolved in one day and at very little cost to the parties. Litigation is a process known to destroy the relationship between the parties whereas mediation and other ADR processes seek to preserve the relationship. Parties often enter into litigation under the premise that they will have their day in court, be victorious, humiliate the other party and walk away vindicated and richer.

These outcomes are rarely achieved. It is the costliest dispute resolution process in current times. The process has rules and procedures governed by law. The judge makes his decision based on evidence and the argument put forward. It results in a win/lose outcome. In litigation, any decision is binding on the parties where as in other ADR processes it is not. Further reading http://en.wikipedia.org/wiki/Litigation

You may also like to read

17 Jun 2025
Festival of Work 2025: Vegas Vibes & Workplace Winners
We had a phenomenal couple of days at the 2025 CIPD Festival of Work, buzzing with insight, purpose, and momentum for real workplace transformation! Here's a snippet of what we got up to.
07 May 2025
Coaching for Change: A Powerful In-Person Event
We held a vibrant coaching event at TCM HQ. The atmosphere was energetic, intimate, and deeply reflective as attendees gathered to explore how coaching can spark lasting personal and organisational transformation.
29 Apr 2025
Masterclass Recap: Tackling Complexities in Investigations
We explored the complexities that often derail even the most experienced investigators, and how to stay confident, curious, and compliant through it all.
23 Apr 2025
People Behind the Practice: In Conversation with Alan Sproston
A chat with one of our expert consultant partners, Alan Sproston, about his coaching and mediation and training techniques, inspirations, and key takeaways.
25 Mar 2025
Masterclass Recap: Authority, Influence and Bias in Mediation
This insightful masterclass explored the principles of mediation, the role of power dynamics, and how authority, influence, and bias can shape mediation outcomes
14 Mar 2025
From HR to Cultural Heartbeat: Transforming Your People Function
Have you ever wondered what would happen if HR wasn't just seen as the "policy police" but as the beating heart of organisational success? We do too, which is why we recently hosted a fascinating webinar on the strategic potential of the People & Culture function with our CEO David Liddle. Here's what we learned.