Litigation
Litigation refers to any dispute that cannot be resolved “amicably” by the parties or their representatives. Litigation results in a coerced solution. The authority of a court or arbitral tribunal (whose award is enforced by a court) is applied involuntarily and publicly. For the parties, litigation represents a tremendous failure.
Once launched, litigation often has a life of its own, including countersuits and compulsory detailed discovery of records that might shed light on the issues in dispute. Litigants should keep in mind that their attorneys have an ethical duty to aggressively represent their interests, so that it would be malpractice to fail to explore expansive litigation strategies and adopt aggressive tactics.