Non-litigation refers to legal processes and procedures that are used to resolve disputes outside of the courtroom. Unlike litigation, which involves going to court to have a judge or jury decide the outcome of a dispute, non-litigation methods focus on resolving disputes through negotiation, mediation, arbitration, or other alternative dispute resolution (ADR) methods.
Here are some examples of non-litigation methods:
1. Negotiation: Negotiation is a non-adversarial process in which parties involved in a dispute discuss their differences and attempt to reach a mutually acceptable solution. Negotiations can be conducted informally, between the parties themselves, or with the assistance of lawyers or other professionals.
2. Mediation: Mediation involves the use of a neutral third-party mediator who assists parties in reaching a mutually agreeable resolution. Mediators do not make decisions or impose solutions but facilitate communication and negotiation between the parties to help them reach a settlement.
3. Arbitration: Arbitration is a more formal process in which a neutral third-party arbitrator hears evidence from both sides and makes a binding decision on the dispute. Arbitration is often used in commercial and business disputes.
4. Collaborative law: Collaborative law is a non-litigation process in which each party is represented by a lawyer and commits to resolving the dispute without going to court. The parties and their lawyers work together in a collaborative, non-adversarial process to reach a mutually acceptable solution.
5. Settlement conferences: Settlement conferences are informal meetings between parties and their lawyers to negotiate a resolution to the dispute. The conference may be facilitated by a judge or other neutral third-party.