Litigation is generally thought of as the process of resolving rights-based disputes through the court system, from filing a law suit through arguments on legal motions, a discovery phase involving formal exchange of information, courtroom trial and appeal. Litigation also encompasses administrative or regulatory processes for establishing legal rights and resolving disputes. Even if you do not plan to be a litigator, some familiarity with the litigation process will help you advise clients on how best to avoid disputes regarding legal rights.

Many legal problems are settled directly by negotiation, frequently based on legal counsel, but without formally submitting a claim to start a lawsuit. In actuality, only a very small portion of litigated cases go to trial. Most disputes are resolved through negotiation, mediation, arbitration, or other types of ADR (ADR).

In mediation, an impartial mediator supports the parties' efforts to negotiate a solution but lacks the authority to make final decisions. The arbitrator's decision is typically binding in arbitration, which is a somewhat informal adjudicative process.

Mandatory arbitration or mediation clauses are found in a wide variety of contracts, and many court-related programmes provide one or more ADR options. Students pursuing careers in litigation and alternative dispute resolution should acquire a solid understanding of these procedures.