January 8, 2019 | Legal | No Comments
Based on the process, there are two ways that are used to resolve disputes, namely litigation and non-litigation. Dispute resolution through litigation means using the court along with the civil justice system to resolve problems. Meanwhile, dispute resolution in non-litigation means using a route other than the court, better known as Alternative Dispute Resolution.
In its implementation, dispute resolution through litigation brings together all parties involved in the dispute. This meeting was aimed at mutually expressing their defense and rights in front of the court, precisely the panel of judges. The final result of this litigation process is win-lose solutions, meaning that only one party can win the case. And of course you need a lawyer service so you can win it. therefore I recommend visiting Fisher & Talwar. Expert lawyer who can help you solve your problem.
Legal Characteristics of Litigation:
In general, there are 5 main characteristics of the use of litigation as a legal settlement path, namely:
1. Rules and procedures are formal and structured.
2. All parties must be present and participate.
3. Each party has the opportunity to present evidence and reasons in court.
4. Decisions issued under the law and are binding.
5. Enforcement of legal remedies for losing parties.
Stages of Dispute Resolution Through Litigation
There are two stages that must be fulfilled in resolving disputes through litigation, namely administrative and judicial. At the administrative stage, the reporter registers a claim with the District Court office and pays a down payment. The court will then record the claim file and determine the panel of judges who will try. After the trial day is determined by the presiding judge, the clerk will then send a summons.
Meanwhile, the judicial phase includes case examinations to overall legal action. After the case examination, the court will seek mediation. Then, the lawsuit will be read out, and at this stage the defendant may submit a defense and evidence. After each party submits its argument, the panel of judges will draw conclusions and read the final decision.
Dispute Settlement Process Through Litigation
The result of the legal decision will certainly only benefit one party, whether the plaintiff or the defendant. Usually, the party who loses in the trial will file a legal attempt to defend the judge’s decision. Legal efforts can be taken in the form of appeal and cassation.
In litigation, the appeal is the first attempt to be taken by the losing party to carry out a re-examination. If it is still not enough, the losing party has the right to appeal. In the cassation process, the review is not carried out entirely by the Supreme Court, but is only limited to the legal process. The process of resolving disputes through litigation is considered complete if all legal efforts have been taken.… Read More