Litigation

Litigation is a legal field related to the art of argument in the various courts and authorities that hold legal proceedings—the litigation field deals with civil litigation, including commercial litigation and criminal litigation.

Litigators are attorneys who represent their clients in courts or other tribunals and whose purpose is to convince the judge or arbiter of the validity of their arguments.

The litigation profession requires many abilities, such as in-depth analysis, thoroughness, appearing in front of an audience, ability to negotiate, interpersonal communication, improvisation ability, and more, and of course, excellent knowledge of the rules relevant to the various legal proceedings.

Apart from litigation that takes place before the court or before other authorized tribunals, there are other ways to resolve disputes outside the walls of the court, which are considered to be quick, relatively cheap, and sometimes even less harmful or dangerous than going to court.

The main alternative ways of resolving disputes are arbitration and mediation:

Arbitration – The arbitration procedure takes place before a person acting as an arbitrator, who does not have to be a lawyer. Although any person can serve as an arbitrator, it is highly recommended to choose a professional person who has an affinity and experience in the field of conflict and who has knowledge of the law as well as some training in the field of arbitration.

A condition for arbitration is that the parties to the dispute must agree to transfer the decision in it to an arbitrator.

The arbitrator’s decision is a reasoned judgment given in writing and binds the parties as a judgment of a court. An arbitration ruling may be appealed in accordance with the provisions of the Arbitration Act as well as in accordance with the terms of the arbitration agreement signed between the parties.

Mediation – The mediation procedure is a unique procedure of having an open discussion in a good spirit. Unlike legal proceedings or arbitration proceedings, the mediator has the opportunity to meet and hear each party individually, all while maintaining confidentiality.

The uniqueness of the mediation procedure is that the solution is agreed upon by all parties, i.e., a concept of consent and not coercion as happens in court or in arbitration proceedings.

As part of the mediation process, the parties try to reach an understanding together with the help of the mediator. The mediator is an independent neutral professional, and he does not have to be a judge, arbitrator, or lawyer, but it is highly recommended that the mediator will have experience, training, and certification in the field. The mediation procedure is conducted in accordance with the provisions of the Courts Law.

If the parties are represented in the mediation process, their lawyers have a significant role and ability to contribute to the success of the mediation.

The profession of litigation is considered a real “art” since a good litigator should have a unique combination of features, some of which cannot be acquired even after much experience. For this reason, it is essential to give some thought when choosing the litigator who will accompany you in legal proceedings.

One of the first and most important things to find out is the area of expertise. Does the litigator engage in litigation on a regular basis, and does he have knowledge, expertise, and experience in the specific field for which you seek service, which often involves several issues. For example, IP litigation often includes commercial law aspects.

Another essential thing to consider from the beginning is the chemistry between the client and his attorney. An attorney-client relationship is based primarily on trust, so it is vital that the parties feel comfortable and speak the same language. The litigator must instill a sense of security in his clients, and he will only be able to do so if he is capable of dealing with the pressures that this profession brings with it.

It is also important to choose a litigator who is familiar with all parties involved, such as the representatives of the other party and, of course, the judge whom he should convince.

A litigator who wants to excel in his work should have persuasive power, composure, improvisational ability, reliability, charisma, creativity, flexibility, and good interpersonal ability. All this so that he can lead the case to the best solution for his client.

There is no doubt that the litigation profession is a challenging one, based on experience but also innate skills.

A final but no less important consideration in choosing a litigator is how the litigator treats his work. A litigator who loves and appreciates his work is of great value to his clients, who benefit not only from a skilled professional but also from a person who has an inner and genuine interest in doing his job on the best side.