Civil Litigation

Understanding Civil Litigation

Every day each of us encounters situations and problems which require solutions. When those problems are caused by others who are not willing, or able, to correct those problems, often the only option will be to seek assistance from the public court system. The use of this system is known as Civil Litigation. 

Civil Litigation is Different Than Criminal Litigation

Civil Litigation is distinguished from criminal litigation, in that the former deals with the use of the court system between 2 or more private parties (who can be people, corporations, or even governments), and the latter deals with criminal charges laid by the police and subsequently prosecuted by the government via the Crown Attorney’s office.

Examples of When Civil Litigation May Be Necessary

Virtually every problem that arises between two or more parties could require the use of the courts to be resolved. However, some of the more commonly seen areas of litigation are as follows:

• Personal Injury, where someone may have suffered physical injury due to the actions, or inactions, of someone else, and as a result pain and suffering and/or actual monetary loss has been experienced.
   
• Estate Disputes, where there may be confusion in the interpretation, or negligence in the administration, of a deceased person’s estate, or there may be actual abuse or theft of the estate’s assets.
   
• Contract, or Commercial, Disputes, where the obligations and entitlements of parties are in dispute, sometimes flowing from a written agreement and sometimes flowing from an unwritten, or implied, agreement.

Alternative Dispute Resolution (ADR)

Often cases are started within the public court system but it subsequently becomes apparent that it may be prudent for the parties to ultimately solve their differences through the use of mediation or arbitration, which is known as Alternative Dispute Resolution, or ‘ADR’. ADR is becoming increasingly prevalent, and indeed encouraged, often for the following reasons:

• Speed, ADR will often provide the parties a result much faster than the public court system can.
   
• Cost-effectiveness. In addition to speed, ADR often allows for a more streamlined process to resolve disputes, which ultimately can result in savings to the parties.
   
• Control over the Process. With ADR, the parties are able to choose their own mediator or arbitrator, which means that they can ensure that the dispute is being overseen by someone who has specific expertise and credentials to deal with the specific facts and issues of the dispute.