Until recently, if you had a legal problem, you would have gone to court or a tribunal. Today there are other methods of resolving disputes; however, litigation is often still the best option. It depends completely on your circumstances and the result you want. Expert Legal Advice can help you by helping you to choose the best method of resolving your issue depending on your personal needs.

Litigation (taking a case to a court or tribunal) often ends in a settlement (agreement) before the final hearing. However, if a settlement can’t be reached, an independent person or a group of people (for example, a judge, referee or tribunal) hears arguments from both sides and then makes a judgment. Unlike most alternative dispute resolution processes, in litigation the decision is made public and hearings can often be reported on (and even watched by the public). You can sometimes appeal against a judgment made through litigation, though this depends on the type of litigation, and the reason for your appeal.

Litigation can be used for a range of problems. Two examples are using the ‘small claims track’ for problems with goods and services and an employment tribunal for problems at work.

Litigation for problems with goods and services
For most consumer complaints, you can use the ‘small claims track’. This is a way of dealing with small claims (for less than £5,000) through the courts. The procedure is informal and you are normally expected to put your own case, without a solicitor.  If you use a lawyer, you won’t be able to recover their costs. Expert Legal Advice can help you by advising you on your best way forward. We will let you represent yourself, however, with our Expert Legal Advice, you will have a better start and understanding of the process and what the tribunal is looking for regards their decision.

Litigation for problems at work 
If you have a problem at work, you could try and sort it out using Acas conciliation or mediation. Frequently, contracts of employment insist you complete a process of calm dispute resolution before you take the matter further. If that doesn’t work, you can go to an employment tribunal. However, a tribunal can only:

• make your employer pay you compensation; or
• recommend (but not force) your employer to give you your job back (if you have lost it).

Acas can tell you and your employer your legal rights and give you a view of what you could expect to happen at an employment tribunal hearing. But remember that there are strict time limits for using an employment tribunal, and these apply whether or not you try conciliation or mediation first.