Here is the process in which civil matters are resolved in a court of law. Civil matters can be described as situations dealing with relationships between people, such as a marriage, or a contract dispute between corporations.

Keeping Disputes Out of Court

The high cost of resolving disputes has several causes, but the most important is the mind-set established and nurtured by the adversary system. The essence of this system is that lawyers for opposing parties have the responsibility to present every piece of evidence and make every legal argument that might possibly benefit their clients. Pretrial discovery and other litigation procedures are designed to leave no stone unturned in the search for relevant evidence. By training, temperament, professional duty, and frequently by client expectation, attorneys tend to exploit these procedures to the fullest and to persevere as long as any hope remains. In fact, each lawyer has an obligation to be as zealous an advocate as possible, even—sometimes especially—to the detriment of discovering the truth and of resolving conflicts to the satisfaction of both parties.

Litigation: A machine which you go into as a pig and come out of as a sausage.
Ambrose Bierce

Leave a comment