Litigation and Dispute Resolution

No one hopes to be involved in a lawsuit, but sometimes conflicts cannot be resolved without the assistance of the legal process. Our firm, centrally located in Delavan, can handle your lawsuit, big or small, providing counsel on pre-litigation strategy, risk-analysis, document review, settlement negotiations, trial practice, collections, and appeals. From quick settlements to complex litigation, our dedicated, professional attorneys work hard to get favorable results for our clients.

Our litigators are experienced in the following areas:

Probate, Trusts & Estate Litigation	Foreclosures
Business Litigation	Garnishments
Real Estate Disputes	Replevins
Personal Injury or Wrongful Death	Small Claims
Construction	Landlord-Tenant
Land Use & Zoning	Wrongful Termination
Property Assessments	Insurance Claims
Appellate Litigation

Frequently Asked Questions Regarding Civil Litigation

What does “litigation” mean?

Litigation is the process of taking a dispute to court. For example, if you had a dispute over your lakefront property in Lake Geneva that could not be resolved. Our attorneys could file a lawsuit for you at the Walworth County Judicial Center.

How does the litigation process work?

Although each individual dispute is unique, a lawsuit begins with investigating the unique facts of each case. What happened? At Clair Law, an attorney will meet with you for an initial interview to discuss the basic information of your case. If the parties agree to move forward, then the attorney will begin the investigation process to determine the merits of the case. It is critical for you to retain all documents pertaining to your claim and to provide them to the attorney, especially any documents or information hurting your case because it will come out during trial.

After your attorney has all the relevant information, they will analyze your case regarding issues of liability and damages as they apply to the facts in your particular case. The attorney will also begin to negotiate a settlement with the opposing party, unless it makes strategic sense to file a lawsuit as soon as possible. Your attorney will never accept a settlement without your authorized consent.

If settlement cannot be reached, then the attorney will file a lawsuit on your behalf. Once a lawsuit has been filed, both sides have a legal right to obtain information relevant to the lawsuit by formal discovery (i.e. depositions, interrogatories, document requests). The intent of discovery is to eliminate surprise and provide both sides with the correct facts in an effort to reveal the truth of the case.

Once the information is on the table, your attorney will represent you at trial. Although most litigation matters settle outside of court, our attorneys proceed under the assumption the case will go to trial, giving them added leverage in settlement negotiations. Our attorneys have taken cases to judgment in Courts throughout southeastern Wisconsin. Our attorneys are familiar with the workings of courtrooms in Walworth County and the neighboring counties. The actual trial proceedings will vary greatly depending on the facts of your particular case.

How is litigation different from arbitration or mediation?

Litigation is the formal court process to request judgment on a dispute. Litigation is financially, emotionally, and physically demanding. Alternative Dispute Resolution (ADR) provides what its name suggests: an alternative to litigation. Mediation and arbitration are common types of ADR, which include a neutral third party to resolve conflicts.

Arbitration is generally binding, which means the decision by the arbitrator will stand by law equivalent to a judge’s decision. The arbitrator acts like a judge. They review the evidence presented and give a written decision. Generally, there will be three arbitrators, allowing the majority to make the decision.

Mediation is generally non-binding, but can be binding if agreed to among the parties. The mediator does not act like a judge, but instead facilitates discussion in an attempt to bring the sides to a mutual settlement agreement. Unlike arbitration, generally there is only one mediator. The parties involved in mediation often feel better settling a case after being given a chance to air out their disagreements.

Both arbitration and mediation are rising in popularity as a means to settling disputes without litigation. Our attorneys have experience in both mediation and arbitration, and they are comfortable in counseling you towards these effective ADR solutions, dependent on the particular circumstances of your case.

Is litigation expensive?

Yes, litigation can get expensive. Depending on the complexity of the case, it is often a better business decision to come to a settlement agreement, or seek an alternate dispute resolution, than go through the formal process of litigation. Our attorneys walk each client through the costs associated with a lawsuit, including filing fees, attorney fees, and other miscellaneous fees. We are constantly trying to provide the client with what makes the most sense, not just legally, but financially, emotionally, and physically as well.

How long will my case take if it goes to court?

Unfortunately we cannot provide the exact length of time your litigation matter will take because the litigation process is unique depending on the facts of each individual case. Our attorneys may be able to provide a general time frame for your case after the initial interview, depending on the type and complexity of your case.

Where can I get more information about litigation?

Please find more information about litigation from our blog. Or call our office at (262) 728-9196 to make an appointment.

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