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Throughout our lives, we may encounter situations in which we have to resort to a legal or juridical process in order to resolve them.

From basic issues, such as traffic claims or problems related to real estate, to, of course, serious situations.

When disagreements or disputes arise between the parties, we have different ways to try to solve them. In this sense, two of the most frequent ways are negotiation and litigation.

Below, we explain the differences.

What is the difference between negotiation and litigation?

When we talk about negotiation, we are referring to the process in which the parties, through lawyers in our case, seek to resolve the conflict in a way that is amicable and mutually agreed, in which dialogue and cooperation between both parties is the most important.

This is a much more amicable way, in which both parties can benefit and avoid the possible economic surcharges of legal proceedings. Apart from the above cases, it is common to find negotiations in commercial agreements, labour disputes, and even in the resolution of family conflicts.

Litigation, on the other hand, is a formal legal process in which the disputing parties bring their dispute before a court or a neutral arbitrator to obtain a resolution when they have failed to reach an agreement through negotiation.

Thus, when both parties, as we have seen above, for example in the case of a divorce, or perhaps an inheritance, litigation is reached by seeking a judicial resolution so that the resolution of the dispute will be made by a judge by way of a judgment based on legal precepts.

In general, litigation tends to be more protracted and involves a higher financial cost, both in terms of the costs of lawyers and the associated work, and, if applicable, in terms of the actual decision that the judge may make.

Thus, negotiation and litigation can be said to be two valid methods for resolving disputes, with quite substantial differences in terms of their process.  In general, when deciding between the two, it is important to take into account the seriousness and nature of the conflict and the individual preferences.

Negotiation usually shows greater flexibility and speed in resolving the conflict, whereas litigation is always associated with legal and court judgements.

Negotiation before litigation

MAM Solicitors to negotiate rather than litigate, in order to quickly secure the most acceptable outcome and keep costs to a minimum. However, since we regularly act in the Court of Justice when the situation requires, we will adopt the toughest approach necessary to achieve your objectives.

Over the years our litigation specialists have built up a strong reputation for representing private clients in many types of dispute. Our team of associated lawyers is prepared to assist our clients in different fields from Civil Law to Personal Injury and from Family Law and Divorce to Criminal and Road Traffic Defence.

Our expertise includes:

  • Property disputes
  • Traffic issues
  • Insurance disputes
  • Criminal law
  • Civil law


At MAM Solicitors we have over 30 years experience in helping our clients.

Do not hesitate to contact us and we will help you with anything you need.

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