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Litigation is the process of resolving a dispute through the legal system, typically in the form of a lawsuit, in which one party sues another party in a court of law. Individuals, companies or even branches of the government can initiate civil or criminal cases in court.
The Maltese judicial system, which consists of courts and tribunals for the resolution of all types of legal disputes, makes provision for a number of different offices. These offices include Judges, Magistrates, Commissioners for Justice, Adjudicators, Assistants and Arbitrators.
Only the judges and magistrates who have been appointed in accordance with the Constitution can be referred to collectively as the Judiciary.
The Maltese judiciary is made up of sitting judges and magistrates who have been appointed to sit in the superior and inferior courts.
The parties involved in a legal dispute have access to a variety of dispute resolution processes in Malta. Litigation in a court of law continues to be the most common method of conflict resolution in Malta.
Arbitration, mediation, tribunals, and boards are some of the other types of dispute resolution procedures and fora that are available.
The process of going to court normally consists of numerous stages, some of which are the filing of a complaint, the serving of the defendant with a copy of the complaint, the collection of evidence, and the participation in discussions and negotiations regarding a possible settlement.
In the event that the parties are unable to come to an agreement on the dispute, the case may move forward, where a magistrate or a judge will hear evidence and hands down a judgment based on the evidence presented.
Overall, the legal system relies heavily on litigation as a means of settling disagreements and enforcing legal rights. This makes litigation an essential component of the system.
Although going to court can be a difficult and time-consuming process, it also has the potential to be a venue that is fair and impartial when it comes to settling complex legal problems.
In the area of litigation, we at Ryan Ellul Advocates, are able to provide assistance before: