All FAQs

Litigation is the process of settling legal matters by filing or answering a complaint through the Court system. The major steps in litigation include:

• One party (plaintiff) files a complaint with the Court.
• Other party (defendant) is served with the complaint.
• Parties meet to discuss possibility of settlement and prepare legal plan.
• Parties file discovery requests (for information, documents, etc.)
• Parties respond to discovery requests /disclose documents.
• Process moves forward.
• Parties may file additional motions.
• The Court conducts a preliminary pretrial/case management conference.
• The Court may hold further pre-trial/status conference.
• The Court conducts trial.
• The Court renders, signs, and enters the judgment.
• Post-trial proceedings may or may not occur.
• Appeal may be taken. Depending on the situation, judgment may or may not be upheld.
• Appeal is considered based on either briefs or after oral argument.
• Judgment is rendered on the appeal.
• Additional proceedings may or may not occur.
• Judgment is enforced.

Alternative Dispute Resolution (ADR) is the process of settling legal matters without litigation. Typical ADR options include mediation, conciliation and private adjudication facilitated by an objective third party. The steps in the ADR process depend on the option used, but all are less costly and time-consuming than litigation. One of the main reasons parties prefer ADR is that, unlike litigation, which is usually adversarial, ADR is often collaborative, allowing parties to understand each other’s positions, and, in many cases, come up with more creative solutions to the issues at hand.

Because each case is different, there is no formula to determine how much less time and/or money it will take than litigation. In general, ADR takes less time than litigation because you typically do not have to hire an attorney to carry out all the steps included in the litigation process. (See question 1.) This, in turn, saves money. During your initial consultation with Why Litigate, the legal professional assigned to your case, will give you a realistic idea of the time frame and cost.

For ADR to work, both parties must be committed to the process.

ADR is designed to help people work through conflicts without the need of a judge or legal proceedings. Therefore, unless the parties choose the private adjudication option of ADR, they seldom need to hire their own attorneys. However, some people do choose to hire outside attorneys to review agreements made through the ADR process. Also, one of the unique features of Why Litigate is that our legal team is comprised of experienced attorneys and retired probate judges. Therefore, our clients receive services from individuals who possess a deep knowledge of the law and advanced legal skills.

In the state of Massachusetts, only a judge can officially grant a divorce. Therefore, you will have to go before the Court at least once for the judge to grant the divorce.