NOTICE: This glossary of legal words and phrases is provided to help you better understand the legal terminology used in the court system. THIS GLOSSARY IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY.
THIS WEBSITE CANNOT GIVE YOU LEGAL ADVICE. YOU SHOULD NEVER RELY ON THESE VERY BASIC DEFINITIONS TO MAKE LEGAL DECISIONS. Please use this glossary to get a general understanding of your legal circumstance and have a better interaction with your attorney.
Litigation—The process of filing and pursuing a case in court through and including a trial if necessary. Litigation can be relatively short, such as an eviction case, or it can be very lengthy, such as a major contract or personal injury case.
Resolution—The end of litigation by getting a verdict from a jury, a decision from a judge, or an agreement by the parties to finish a case with mutually acceptable terms. Of all the cases filed in the United States, 97% are resolved without a trial.
Negotiation—A discussion process seeking the end of a civil case through mutual agreement. Parties and/or their attorneys can communicate proposals for resolution and engage in back-and-forth discussions until satisfactory terms are reached (often involving an agreed payment), or a decision is made to go to trial.
Mediation—A process where a neutral third party helps the parties resolve their case by serving as a discussion leader or go-between for communications aimed at settlement. A mediator does not make a decision and cannot force the parties to settle their case. A mediator can work for a court or can be hired privately.
Arbitration—A process where the parties to a case submit their dispute for decision to one or more neutrals who are not judges. The parties make presentations of facts and law to the arbitrator(s) under relaxed rules of evidence and procedure. A decision in arbitration, called an award, can be binding on the parties, or can be non-binding.
Settlement Conference—A meeting with a judge or magistrate to discuss settlement of a pending case before trial.
Dismissal without prejudice—Removing a case from the court docket with the legal opportunity to bring the same claims back to court later.
Dismissal with prejudice—Removing a case from the court docket with a legal barrier to ever bringing the same claims back to court later.
Release—A signed contract giving up the legal right to ever pursue the claims described in the release at any time in the future. A release can be given by one party, or can be given by multiple parties to each other (a mutual release.)