Anatomy of a Law Suit in a Nut Shell

A law suit arises from a dispute between entities. An entity is something that has existence in the eyes of the law, such as, a person, corporation or governmental body.
A dispute can be about money, children, employment, etc.... The person who feels aggrieved or wronged threatens a law suit. If the dispute cannot be resolved pre-litigation, an action is filed with the clerk of the court initiating the law suit.

It is of importance you understand the legal precedence surrounding your case before you incur expenses. Understanding legal precedence allows you a degree of prediction to the outcome of the case. None of us wish to incur substantial legal expenses on a loosing case, so being able to predict 'probability of success' is significant. More about 'probability of success' in� the section titled� "Legal Research".

Upon filing, a judge is assigned, the discovery process begins and mediation will be ordered. The discovery process involves collecting the evidence through interrogatories, request for production, request for admissions and depositions. The court rules provide time limits governing discovery so both parties will have the evidence prior mediation.

Mediation is the process of attempting to effect a friendly settlement between the parties prior trial. The courts have found, when both parties have access to the evidence, a face to face meeting in the presence of a mediator resolves the case a majority of the time. Successful mediation, avoids substantial trial expenses and the possibility of a complete loss.

If mediation is unsuccessful, an impasse is filed and the case is set for trial. At trial the parties present the same evidence presented at mediation and hope the fact finder views the evidence as they see it. Metaphorically, mediation is viewed as a win-win compromise, whereas, trial is viewed as a winner-take-all imposition.

If you are not successful at trial you have the right to appeal the decision to a higher court within 30 days of the final judgment. The appeal process is another procedure and can be viewed in the article on appeals.

This outline gives a summary of the legal process to expect if you are considering a law suit. There are many factors that affect the timing and approach of a law suit. There are alternative ways to resolve your legal issues. The bottom line is the vast majority of cases are required to attend mediation. So logic dictates you be prepared for mediation, whether pre-litigation mediation or mediation during litigation. Read the content on legal research to prepare yourself for litigation. For specific information directed to your situation please contact this office at your convenience.