Chapter 4: Resolving Disputes: Litigation and Alternative Dispute Resolution

Civil Litigation

A dispute resolution process where parties and counsel argue their views of a civil controversy in court

Standing

Requirement that a party asserting a claim must have suffered an injury in fact (direct, concrete, individualized harm).

 Statute of Limitations

The time limit within which a lawsuit must be filed.

Complaint

The document filed by the plaintiff that initiates a lawsuit.

Summons

Official notification to the defendant that a lawsuit has been filed.

Answer

Defendant's formal response to each paragraph of the complaint.

Discovery

The process for the orderly exchange of information and evidence between parties prior to trial.

Deposition

Method of discovery where a party or witness gives sworn testimony prior to trial.

Interrogatory

Method of discovery where one party submits written questions to the opposing party.

Subpoena

A court order compelling a person to testify or produce evidence.

Preponderance of the Evidence

The standard of proof in civil cases; evidence is of greater weight and more convincing (more likely than not)

Alternative Dispute Resolution (ADR)

Methods other than litigation used to resolve legal disputes.

Arbitration

Formal ADR where a neutral third party (arbitrator) makes a decision (award), which can be binding or non binding

Mediation

Informal ADR where a neutral third party (mediator) facilitates communication to help parties reach a voluntary settlement; mediator does not issue a decision.

Federal Arbitration Act (FAA)

Federal statute requiring courts to enforce arbitration clauses in contracts.