To litigate means "to carry on a legal contest by judicial process." Litigation is quite simply a lawsuit that is brought before a court of law for resolution. Litigation is generally thought of as the process of resolving rights-based disputes through the court system, from filing a law suit through arguments on legal motions, a discovery phase involving formal exchange of information, courtroom trial and appeal. Litigation also encompasses administrative or regulatory processes for establishing legal rights and resolving disputes.

Litigation is often regarded as the last port-of-call for resolving any dispute (its alternatives include mediation, arbitration, or simple negotiation) – although in some cases it’s appropriate to go straight to litigation. For business owners and entrepreneurs, this often takes the form of commercial litigation in order to resolve disputes with other businesses or clients. However, the business world has long viewed litigation as not ideal and reserved it as a method of last resort.

You might find yourself as the defendant of a litigation case arising out of a contract dispute, or alleged damage caused by your actions or failure to meet certain obligations.

Alternatively, you might wish to sue someone for moneys that are due to you because of a contract breach, or damage you’ve suffered as a result of someone else’s actions or failure to meet certain obligations. In this instance you would be the plaintiff of a litigation case.

In business, you might want to stop someone selling a product that’s similar to your product or brand. In this instance you’d issue a claim breach for copyright or term of their licence. Or, you might wish to prevent the construction of a building that could negatively affect the value of your property.

Litigation disputes are almost endless in their possibilities; but their resolution in an orderly and competent manner is a responsibility of your lawyer.

Litigation is the process of taking a dispute to a court of law.  If parties cannot agree between themselves about the fair and proper outcome of a dispute they will present their respective cases to a court for its judgment. It is a broad term that describes a long and sometimes complex process.