Litigation and Arbitration Legal Services

What all services are involved within the concept of Litigation and Arbitration Legal Services?

Let us consider both the concepts litigation as well as arbitration separately since both these practices function different and also because the option it is the involved who have the discretion of opting for either litigation or arbitration and not both at the same time.

  • Both litigation and arbitration are legal recourses that come into the picture in the event of a breach of contract or if some person has suffered any losses or any injury, bodily or otherwise due to someone else’s negligence, misconduct, etc. 
  • Litigation and Arbitration legal services primarily deals with the practice of researching, drafting plaints, written statements, replies, applications, writ petitions, and so on. Once such drafting is taken care of, then comes the crucial aspect of oral pleadings which is nothing but the arguments that lawyers do in front of judges and on the basis of which the judge delivers his judgment.
  • Arbitration is an out of court procedure, wherein both the parties come together and settle their disputes in the presence of a third, neutral person who is referred to as the Arbitrator. The added advantage of arbitration is that the decision given by the arbitrator has the same force as that of a formal judgment passed by any court of law.   

Litigation and Arbitration: Which one to choose?

  • Litigation and Arbitration legal services is the most traditional way of settling any disputes and which is followed all around the world. For many people, especially the economically less fortunate usually prefer going to courts and waiting for justice to be meted out. 
  • The reasons for this are several. Due to illiteracy and ignorance, such people are not aware that such a speedy redressal of justice exists. Plus, the cost of hiring an arbitrator goes way beyond the scope of common people. Hence, such people opt for the judicial approach. Also, many people are also not aware of the finality of the decision of the arbitrator.
  • The flip side to litigation is that litigation is very tiring, exhaustive and time consuming. Moreover, the costs involved in the legal battle along with counsel’s professional fees and the unpredictability of the outcome of the case makes litigation least favorite among both individuals as well as companies who want to pursue some legal action. As a means of addressing all these concerns, the concept of alternate dispute resolutions came into being.
  • So, legal professionals who are in court practice have to have knowledge as well as sufficient exposure to Litigation and Arbitration procedure as well because today’s clients whether individuals or corporate expect their legal counsels to be masters of everything, particularly when they are ready to pay them hefty sums just for hiring their services.
  • Both Litigation and Arbitration legal services have evolved over time. They have become more systematic, organized and professional. What legal people want to opt for is their personal discretion depending upon the time, money and efforts that they are ready to put in. 

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