A litigation shows the legal confrontation of two parties with conflicting interests that seek judicial resolution through a process. In this litigation a common pattern occurs: the interests of one are opposed to the interests defended by the other opposing party.
From a legal point of view, it should be pointed out that the litigation is a trial, but this should not be confused with a judicial process. Sometimes two opposing parties come to the dispute when they have not been able to reach an agreement through previous negotiations or through a mediation system.
Judicial lawsuit
There is a dispute when one of the plaintiffs initiates the pertinent procedures to formalize their claim and is awaiting the judge's resolution within a legal process that follows specific rules of law. In a frequent context, it is common for litigation to occur when a couple separates and initiates the divorce proceedings.
The solution to this dispute is based on the objectivity provided by the response of a judge who, after having analyzed all the data, provides the fairest solution. In a lawsuit of these characteristics there is a struggle of opposing interests through which the plaintiff wants to defend a legal cause that he considers totally unsatisfied. All litigation follows a similar pattern. As a consequence of the differences between the parties, a solution to the dispute is sought through a precise agreement.
Opposition of interests
It should be noted that this concept can also be used by contrast in the everyday environment where we can all also star in non-judicial lawsuits, that is, confrontations that arise as a result of a discussion in which a difference of interests between the participants of the that conversation.
From a logical point of view, it is also necessary to clarify that a bad agreement is usually better than a good judgment since the legal process also produces stress for those involved. When one person has a lawsuit with another, he opposes the other's points of view either with weighty or more moderate arguments. Lawsuits are an opportunity to put into practice negotiation skills, active listening, common sense, to make good use of dialectics and rhetoric.
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