Concept in Definition ABC

A litigation shows the legal confrontation of two parties with conflicting interests that seek judicial resolution through a process. In this litigation there is a scheme usual: the interests of one are opposed to the interests defended by the other opposing party.

From a legal point of view, it should be pointed out that the litigation is a trial, but this should not be confused with a judicial process. Sometimes two opposing parties come to the dispute when they have not been able to reach an agreement through prior negotiations or through a mediation system.

Judicial lawsuit

There is a dispute when one of the plaintiffs initiates the pertinent procedures to formalize his demand and awaits the resolution of the judge within a legal process that follows specific rules of the right. In a frequent context, it is common for litigation to occur when a couple separates and initiates the divorce proceedings.

The solution This dispute is based on the objectivity provided by the response of a judge who, after having analyzed all the data, provides the fairest solution. In a lawsuit of these characteristics there is a struggle of opposing interests through which the plaintiff wants to defend a legal cause that he considers totally unsatisfied. All litigation follows a similar pattern. As a consequence of the differences between the parties, a solution to the dispute is sought through a precise agreement.

Opposition of interests

It should be noted that this concept can also be used by contrast in the everyday environment where we can all also star in non-judicial lawsuits, that is, confrontations that arise as a result of a discussion in which a difference of interests between the participants of that conversation is revealed.

From a logical point of view, it is also necessary to clarify that a bad agreement is usually better than a good judgment since the legal process also produces stress for those involved. When one person has a lawsuit with another, he opposes the other's points of view either with strong or more moderate arguments. Lawsuits are a chance to put into practice negotiation skills, active listening, common sense, make good use of the dialectics and rhetoric.

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