What is the role of litigation?

The role of litigation is fundamentally about taking legal action in court to resolve disputes or enforce legal rights. Litigation involves a formal process where parties present their case before a judge or jury, who then makes a decision based on the evidence and arguments presented. This process serves several important functions in the legal system, including upholding the rule of law, providing a structured mechanism for conflict resolution, and ensuring that parties have a fair opportunity to argue their positions and defend their rights.

While negotiation, resolving family disputes, and conducting legal research contribute to various aspects of legal practice, they do not define the essence of litigation. Litigation is specifically characterized by its formal structure and the involvement of a court. This distinguishes it from the more collaborative processes associated with negotiation and conflict resolution in less adversarial contexts. Legal research, meanwhile, supports the litigation process by helping attorneys prepare their cases but is not itself an act of taking legal action in court. Thus, understanding litigation as the court-based resolution of disputes is crucial in grasping its significance within the legal framework.