Civil litigation refers to the legal process followed by individuals or entities to resolve disputes through the court system. It can involve a wide range of issues, such as contract disputes, personal injury claims, property disputes, and more. If you find yourself involved in a legal dispute, understanding the steps involved in civil litigation can help you navigate through the process effectively. 

In Wisconsin, there are several distinct stages of civil litigation. While each case is unique and may have its own complexities, here are the general steps followed when litigating disputes in civil courts:

1. Pre-Litigation Phase

A civil dispute will typically begin when the plaintiff sends a demand letter to the defendant detailing their claims. Before initiating formal legal proceedings, the parties may attempt to resolve the issue outside of court. They may engage in negotiations or mediation to try to reach an agreement without going through a full trial. If disputes can be resolved at this stage, the parties will usually be able to save time and avoid the costs associated with courtroom proceedings.

By Law Clerk Nathan Froemming

A civil case involves a conflict between you, or your company, and another person or company. Mediation is often the best way to resolve a civil conflict, since it can save time and money for both parties. Mediation has become a common way to resolve disputes between parties and is an alternative to asking a court to make a decision. It is important for any civil litigant to understand what mediation is, as well as some of its benefits and drawbacks. 

What Is Mediation?

Mediation is a cooperative problem-solving process in which a neutral professional guides the parties in clearly identifying the issues in dispute and coming to agreements that are in the best interests of all parties. The mediator will not make a final decision in the case. Rather, it is the parties’ responsibility to arrive at a settlement. Mediation can be used as a tool to successfully resolve disputes in a wide variety of areas—including divorce, business, employment, personal injury, malpractice, and many more.