Parties to legal disputes often reflexively consider suing one another in litigation. As an alternative, parties can use alternative dispute resolution (“ADR”), including arbitration and mediation. My May 2012 and December 2013 columns discuss mediation, which is a form of facilitated negotiation.
Litigation is a process governed by complicated procedure. A petitioner (or plaintiff) commences a lawsuit by filing a petition in court. The respondent (or defendant) can respond by moving to dismiss the lawsuit or answering the allegations. Parties file motions that ask the court to make rulings.