Litigation Meaning

Litigation is the process of resolving disputes through the public court system. It usually begins when a party files or answers a complaint and continues through motions, discovery, trial, judgment, and possibly appeal.

Litigation is broader than a single lawsuit filing because it includes the full procedural life of the case, from pleadings through enforcement and, in some cases, Appeal.

Litigation Explained

Cornell Wex explains that litigation is the process of resolving disputes by filing or answering a complaint through the court system and outlines the major steps of a civil case. Federal court glossary materials likewise refer to litigation costs and briefs as procedural features of a lawsuit, reinforcing that litigation encompasses the broader conduct of the case rather than only the trial itself.

The Term Litigation in Different Legal Contexts

The term is commonly used in civil disputes, but related litigation concepts also appear in criminal, bankruptcy, and appellate procedure. Depending on the case, litigation may involve settlement efforts, pretrial conferences, discovery disputes, evidentiary rulings, trial, post-trial motions, and judgment enforcement.

Because litigation is governed by procedural rules and court orders, it is often more formal and structured than negotiation, mediation, or arbitration.

Common Misconceptions About the Meaning of Litigation

A common misconception is that litigation means trial only. In reality, most litigation activity happens before trial and many litigated disputes settle before a judge or jury decides the case.

Another misconception is that litigation always refers only to civil lawsuits. The term is most common there, but related forms of court-based dispute resolution and procedural contest can appear in other legal settings too.