NEGOTIATION – A process where two parties in conflict or

disagreement try to reach a resolution together.

PRIOR – Consult a lawyer.

DURING – Parties or their representatives (lawyers) discuss the
issues to come to a resolution.

LITIGATION – An action brought to court to enforce a particular

right
- An act or process of bringing lawsuit in and of itself; a judicial
contest.
- A contest authorized by law, in a court of justice, for the
purpose of enforcing a right

BASIC CONCEPT OF LITIGATION

 To prevent injustice, courts will restrain a party from further
litigation, by a writ of injunction;
 A judicial writ, process or proceeding whereby a party is
ordered to do or refrain from doing a certain act.

CHARACTERISTICS OF LITIGATION
1. It is involuntary. The parties are mandated by law to appear in
court.
2. It is formal and structured
3. The parties are given equal rights to present their arguments
4. The process is public
5. The decisions are restricted
6. The parties have the right to appeal
7. The losing party may pay the costs.
ADVANTAGES OF LITIGATION
1. The proceedings and discussions become a public records and
final judgment is clear.
2. It is a two-way process- both parties are expected to perform their
duties in litigation.
3. Discussions made in litigation become part of jurisprudence as
bases of deciding future similar cases.
4. Appeals can be either a pro or con. A reviewer of the case may
show clearer impartiality.
5. Stricter evidence – the discussions are based on evidence not on
speculations, hearsays or conjectures
6. It is a cost-effective option as summary rules apply

DISADVANTAGES
 It is adversarial
a. There is less regard to fair solution
b. The discussions made might not be acceptable to either
party
c. This is disturbance of commercial relationship
d. Decisions made results in a win-lose scenario and not
mutually acceptable decision.
e. It is a time consuming.