Litigation is the process of resolving disputes through the court system before a judge or jury. Arbitration is a private dispute resolution process where an arbitrator makes a decision, which is usually binding. Arbitration is generally faster and more private, while litigation offers broader discovery and appeal rights. 

Mediation is a voluntary process where the parties engage a third party attorney or a retired judge to facilitate settlement either before a lawsuit is filed or before the lawsuit goes to trial. 

The timeline varies depending on the complexity of the case, court schedules, and whether the matter settles. Simple cases may resolve in several months, while complex commercial litigation can take several years from filing through trial and appeal. 

Costs typically include court filing fees, attorney fees, expert witness expenses, discovery costs, and other litigation expenses. Total costs can range from a few thousand dollars to around $10,000. However, the cost to litigate a case through trial can be in the range of tens to hundreds of thousands of dollars depending on the dispute. 

Discovery is the pre-trial process where parties exchange information and evidence. Common discovery tools include: 

• Interrogatories (written questions) 

• Requests for documents 

• Requests for admissions 

• Depositions 

• Subpoenas to third parties for documents or deposition. 

Discovery helps each side evaluate the strengths and weaknesses of the case. 

A deposition is sworn testimony taken outside of court before trial. Attorneys question witnesses under oath, and a court reporter creates a transcript. Depositions are used to gather facts, assess credibility, and preserve testimony.  Even if a witness is not a party to a lawsuit, it is preferable for a witness to be represented by his or her own attorney as depositions can often be contentious or uncomfortable for the witness. 

The decision depends on: 

• Strength of the evidence 

• Potential damages 

• Litigation costs 

• Risk tolerance 

• Time considerations 

Most civil cases settle before trial because settlement provides certainty and avoids the expense and unpredictability of a courtroom verdict. 

Compensatory damages reimburse a party for actual losses, such as lost profits, medical expenses, or property damage. 

Punitive damages are intended to punish particularly wrongful conduct and deter similar behavior. They are available only for certain types of claims and under certain circumstances. Punitive damages are usually more difficult to obtain than compensatory damages. 

You should: 

1. Read the complaint carefully. 

1. Note the deadline to respond. 

1. Consult an attorney promptly  

1. Preserve relevant documents and communications. 

1. File a timely response to avoid a default judgment. 

Ignoring a lawsuit can result in losing the case automatically by what is known as a “default judgment.” 

 A statute of limitations is the legal deadline for filing a lawsuit. The applicable deadline depends on the type of claim and the jurisdiction where the claim arose. Missing the deadline may permanently bar the claim. 

A typical civil lawsuit includes: 

• Investigation and case evaluation, preferably with the aid of an attorney. 

• Filing the complaint 

• Serving the complaint on the defendant 

• Response by defendant 

• Discovery 

• Motions 

• Mediation or settlement discussions 

• Trial 

• Judgment 

• Appeal (if applicable)