11. Litigation

Litigation often leads to a settlement (agreement), but if a settlement can't be reached, an independent person (for example, a judge, jury, referee or tribunal) hears arguments from both sides and then makes a judgement. Unlike most alternative dispute resolution processes, in litigation the decision is made public and hearings can often be reported on (and even watched by the public). You can sometimes appeal against a judgement made through litigation, though whether you can depends on the type of litigation, and the reason for your appeal.

When can I use litigation?

Litigation can be used for a range of problems. Two examples are using the 'small claims track' for problems with goods and services and an employment tribunal for problems at work.

Problems with goods and services

For most consumer complaints, you can use the 'small claims track'. This is a way of dealing with small claims (for less than £5000) through the courts. The procedure is quite informal and you are normally expected to put your own case.

For more about dealing with consumer problems, see the Community Legal Service leaflet 'Problems with goods and services'.

Problems at work

If you have a problem at work, you could try and sort it out using conciliation (see 'Problems at work'). If that doesn't work, you can go to an employment tribunal. However, a tribunal can only:

• make your employer pay you compensation; or
• recommend (but not force) your employer to give you your job back (if you have lost it).

The Advisory, Conciliation and Arbitration Service (ACAS) can tell you and your employer your legal rights and give you a view of what you could expect to happen at an employment tribunal hearing. But remember that there are strict time limits for using an employment tribunal, which apply whether or not you try conciliation first. See the Community Legal Service leaflet 'Employment' for details.