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Generally civil litigation involves a dispute which arises between two or more parties. By bringing a lawyer into the process, usually informal attempts at resolution have failed. At this point, the most common method used to resolve disputes and enforce one’s rights is by filing a lawsuit and using the legal system.
Here at McNamara & McNamara we understand the process and we'll let you know the options you have available to you. |
The Process
Depending on the amount of the dispute, the parties may be able to use "small claims" court to resolve the issue. Such is the case for cases wherein the amount involved involves less than $7,500.00, in California. In this instance you would NOT use an attorney, unless it involved the appeal process.
Damages, or dollar amounts over and above this amount will be in one of two courts: (a) either limited jurisdiction courts, or (b) unlimited jurisdictional courts. This civil process can be overwhelming for people in attempting to deal with a lawsuit of this caliber. We at McNamara & McNamara have years of experience in dealing with such court matters.
However, courts and formal lawsuits are not the only option for people and businesses involved in disputes. The parties can agree to have a mediator resolve a dispute, or may agree to binding arbitration of a dispute. These out-of-court options are two methods of "alternative dispute resolution." Also, sometimes contracts previously signed will bind you to these forums. A review of your documents will quickly reveal this course of action.
Whether you are suing someone, or being sued by someone, or even being called as a witness; a lawsuit is a complicated legal process, and it can be full of unpleasant surprises and frustrating delays. There are at least two parties to every action, and that means the schedule and the events which take place can be out of your hands. Nonetheless, the overall process to any civil matter is the same procedure or process.
Damages, or dollar amounts over and above this amount will be in one of two courts: (a) either limited jurisdiction courts, or (b) unlimited jurisdictional courts. This civil process can be overwhelming for people in attempting to deal with a lawsuit of this caliber. We at McNamara & McNamara have years of experience in dealing with such court matters.
However, courts and formal lawsuits are not the only option for people and businesses involved in disputes. The parties can agree to have a mediator resolve a dispute, or may agree to binding arbitration of a dispute. These out-of-court options are two methods of "alternative dispute resolution." Also, sometimes contracts previously signed will bind you to these forums. A review of your documents will quickly reveal this course of action.
Whether you are suing someone, or being sued by someone, or even being called as a witness; a lawsuit is a complicated legal process, and it can be full of unpleasant surprises and frustrating delays. There are at least two parties to every action, and that means the schedule and the events which take place can be out of your hands. Nonetheless, the overall process to any civil matter is the same procedure or process.