What Is Litigation?

Litigation is the traditional method of resolving legal disputes through the court system. It’s what most people picture when they think of court cases: judges, lawyers, and sometimes juries. The litigation process follows strict rules and results in court judgments that are legally binding.

A few key points about litigation:

• It takes place within the court system under established laws and procedures.
• The goal is to resolve legal disputes through a final decision, usually in the form of a court judgment.
• Traditional litigation is often public, which means filings and hearings are generally part of the public record.
• Cases can range from small civil matters to large, complex disputes.

Litigation can take time, sometimes months or even years, depending on the complexity of the case. While the process may feel slow, it provides structure and the chance for appeals. For many individuals and businesses, it remains the standard path for resolving legal disputes.

Since litigation is document-heavy, having the right support matters. Briefpoint helps legal teams draft discovery documents quickly and with consistent quality. 

Book a demo today to see how Briefpoint can cut hours of drafting into just minutes.

What Is Arbitration?

Arbitration is a private method of resolving disputes that takes place outside the court system.

Unlike court cases, the arbitration process is less formal and typically faster. The parties involved agree (often through arbitration clauses in contracts or a separate arbitration agreement) to let a neutral third party decide the outcome.

Here’s what you need to remember about this alternative dispute resolution method:

• Unlike litigation, arbitration proceedings are usually private and not part of the public record.
• The neutral third party, known as an arbitrator (or a panel of arbitrators), listens to both sides and makes a binding decision.
• The arbitration process is more flexible than traditional litigation, with fewer rules and shorter timelines.
• Appeals are very limited, so the arbitrator’s ruling is often the final word.

Arbitration is common in business contracts, employment agreements, and commercial disputes where both sides prefer a private, quicker resolution. Essentially, it offers a practical alternative to lengthy court battles.

Key Differences Between Litigation and Arbitration

Litigation and arbitration both aim to settle disputes, but they go about it in very different ways. Let’s see the key differences between arbitration and litigation to see which option might fit a particular situation better.

Main Purpose

When you’re caught up in a dispute, the first question is usually: where will this get resolved? That’s where the purpose of each process really stands out.

With litigation, the goal is to settle legal issues through formal court proceedings. Everything follows strict court rules and civil procedure, ending in a court judgment. These judgments can even set legal precedent, meaning they influence how similar cases are handled down the road.

If you want your case to be part of the public record and have the option to appeal, litigation is the path.

Arbitration, on the other hand, is built around speed and privacy. Arbitration offers a way to sidestep drawn-out court battles. 

The parties agree to have a neutral third party hear both sides and issue an arbitration award. That award is binding, and unlike court rulings, appeals are extremely limited.

To put it simply:

• Litigation aims for a structured, public decision that can influence future cases.
• Arbitration aims for a quicker, private resolution where the decision is final.

Think of it as choosing between the formality of the courtroom and the flexibility of a private decision-maker.

People Involved

Another big difference between litigation and arbitration is who actually takes part in the decision-making process. The people involved shape how each method works and how the outcome is reached.

In litigation, you’ll often see:

• Judge: Oversees the case and makes rulings based on the law.
• Jury: In some court cases, a jury decides the facts and outcome.
• Attorneys: Represent each side and argue their positions.
• Clerks and court staff: Handle filings, scheduling, and records.
• Witnesses:  Provide testimony to support either party.

In arbitration, the group is usually smaller:

• Arbitrator (or panel): Acts as the neutral party and makes arbitration decisions.
• Parties involved: Present their evidence and arguments.
• Attorneys: May be present to guide each side, but the setting is less formal.

Because arbitration involves fewer people, the decision-making process tends to be quicker and more focused compared to traditional litigation.

Process

The way each method unfolds is another key difference. Litigation follows a strict path through the courts, while arbitration is more flexible but still guided by agreements and procedures. Let’s look at how each process works in practice.

The Litigation Process

Litigation can be complex, and the way it plays out often depends on the type of case, the issues raised, and the court handling it. But in general, here’s how the process usually unfolds.

• Filing the case: The process starts when one party files a complaint in court. This outlines the legal issues involved and sets the stage for the case.
• Pre-trial procedures: Legal discovery, motions, and hearings take place under strict procedural rules. Each side exchanges evidence, and judges may rule on preliminary matters.
• Court schedules: Dates are set by the court, which often leads to lengthy proceedings. Delays are common, especially in busy jurisdictions.
• Trial: Both sides present arguments and evidence before a judge, and sometimes a jury. The court decides the outcome using established legal principles.
• Appeals: After a judgment, the losing party can appeal to a higher court. Appeals extend the case but allow further review of the decision.

Litigation provides structure and the chance for appeals, but it can be slow and costly, especially if the matter drags through multiple levels of the court system. For this reason and others, many law firms use litigation support software to make the workload lighter.

The Arbitration Process

Same with litigation, the arbitration process can vary based on the agreement and the nature of the dispute. But in general, here’s what it looks like.

• Arbitration agreement: Disputes usually go to arbitration because of an agreement or an arbitration clause in a contract. This commits both parties to resolve issues outside the court system.
• Selection of arbitrator: The parties choose a neutral third party, or sometimes a panel, who has expertise in the area. This can make the process better suited to specialized disputes.
• Arbitration hearing: Both sides present their arguments and evidence. While it resembles a trial, the setting is less formal, with fewer procedural barriers.
• Arbitration decisions: The arbitrator issues a final ruling, called an award. These awards are binding in most cases and can be enforced through the courts if needed.
• Limited appeals: Unlike litigation, appeals are rare and only possible under specific conditions, such as proof of bias or misconduct by the arbitrator.

Because arbitration avoids court schedules, it usually wraps up much faster than litigation. That speed, plus the privacy of the process, makes it attractive to businesses and individuals who want quicker dispute resolution without the public nature of court trials.

Key Benefits

Both litigation and arbitration serve the same goal of resolving disputes, but the advantages of each process look different.

Some of these benefits overlap with points we’ve already touched on, but here they’re laid out more clearly so you can see what each option offers.

Benefits of Litigation

• Court enforcement: Court judgments carry the full weight of the law. Once a judge rules, that decision is backed by the state, and parties must comply.
• Appeal options: If one side believes a legal error affected the outcome, there’s usually an option to appeal. This layer of review is built into the legal process and provides extra protection.
• Legal precedent: Decisions made under established rules can set guidance for future cases, offering predictability in how similar disputes may be resolved.
• Transparency: Proceedings and outcomes are public. This openness creates accountability but can also expose sensitive details.
• Cost structure: While litigation can mean higher court fees and legal fees, the public system doesn’t require paying one or more arbitrators directly.

Benefits of Arbitration

• Privacy: Arbitration proceedings are not part of the public record, which helps parties avoid negative publicity.
• Speed: With streamlined procedures and fewer formalities, arbitration often wraps up faster than court trials. Limited discovery also helps reduce delays.
• Expertise: Parties can select one or more arbitrators who have direct experience in the field, making the arbitrator’s decision more informed on technical issues.
• Finality: Arbitration decisions are binding, and since appeals are very limited, the dispute ends sooner without dragging through higher courts.
• Cost flexibility: While arbitrator fees are an added expense, arbitration can lower overall legal costs by avoiding lengthy court schedules and prolonged discovery.
• More control: Parties often have greater say over timelines, location, and even some of the procedures. This can make the process more manageable compared to traditional litigation.

Enforceability

Enforceability is one of the most important factors to think about. As mentioned, court decisions in litigation carry the authority of the state.

When a judge issues a ruling or a summary judgment, the outcome is binding and can be enforced through the court system. This gives parties confidence that the decision will be carried out, though it can take additional time if appeals are filed.

Arbitration works a little differently. The arbitrator’s decision, also called an award, is usually final and binding, but appeals are only possible under specific circumstances, such as misconduct or bias by the arbitrator.

For many, this finality is one reason they prefer arbitration. It avoids drawn-out appeals and brings closure more quickly. However, enforcement sometimes requires taking the award to court to have it recognized, especially in cross-border disputes.

In short, litigation offers the weight of the legal system and broader options for challenging a decision, while arbitration provides faster closure with fewer opportunities to contest the result.

Common Use Cases

Litigation is often chosen for complex legal matters that require a formal record and the ability to appeal. Courts are also the natural venue for cases where public accountability is important. Examples include:

• Intellectual property cases: Patents, copyrights, and trademarks often involve high stakes and detailed arguments that benefit from a structured court setting.
• Large contract disputes: When millions of dollars are on the line, parties may prefer the formal protections and court decisions that litigation provides.

Arbitration, on the other hand, is typically private and is used where speed and confidentiality are priorities. Common examples include:

• Business disputes: Companies often rely on arbitration to settle disagreements without the delays of court.
• Consumer agreements: Many service providers include arbitration clauses so customer disputes can be resolved outside the courtroom.
• International agreements: Arbitration is popular for cross-border contracts since it avoids navigating multiple national court systems.

Litigation often fits when public rulings and appeals matter, while arbitration is more common in contracts and industries where privacy and legal efficiency are valued.

Litigation or Arbitration? Briefpoint Can Help With Both

Litigation and arbitration may take very different paths, but they share one thing: both depend heavily on solid document preparation. 

Whether it’s pleadings filed in court or evidence presented in an arbitration hearing, the quality of the paperwork can make or break the outcome.

Which brings us to a tool built to handle discovery for you. Briefpoint drafts your discovery documents automatically, so you don’t waste hours formatting, editing, or double-checking details. You can:

• Upload a complaint and get up to 70 targeted requests, including interrogatories, requests for admission, and requests for production, in just minutes.
• Rely on objection-aware generation, with phrasing rewritten to avoid ambiguity, compound questions, or overbroad requests.
• Get discovery documents that are jurisdiction-ready for all U.S. states and federal districts, complete with captions, definitions, and instructions.
• Keep your standards consistent across cases, regenerate variants, and export to Word whenever you need.

It doesn’t stop at propounding discovery; Briefpoint also helps you respond to discovery. Upload discovery requests, add objections and responses with AI-assisted suggestions, and export a finished brief that’s ready to serve.

If you’re dealing with litigation or arbitration, document prep doesn’t need to slow you down. Book a demo with Briefpoint today!

What Is a Request for Admission?

In civil procedure, a request for admission is a written statement that one party serves on the other party during discovery. The goal is to get clear answers about specific facts or the authenticity of documents.

When the responding party (sometimes called the answering party) receives the request, they must either admit, deny, or explain why they can’t respond after making a reasonable inquiry. If they don’t answer at all, the request may be treated as admitted by default.

For example, one side might ask the other party to admit that a contract was signed on a certain date, or that an email is genuine.

So, by resolving these points early, both sides can focus on the issues that are actually in dispute.

Want to simplify the way you draft or respond to requests for admission? Book a demo with Briefpoint today.

How Requests for Admission Work

An RFA is served during the discovery stage of a lawsuit. Like interrogatories or document requests, it’s one of several discovery requests lawyers can use to narrow down the issues.

But instead of asking for new information, it’s focused on getting the other side to confirm or deny specific facts.

Here’s a step-by-step process:

• The party requesting sends the written request
  • The request is drafted as simple statements of fact or the authenticity of documents.
  • Each statement should cover only a part of an issue so that it can be clearly admitted or denied.
• The responding party must reply
  • The law requires them to either admit, specifically deny, object, or explain why they cannot admit or deny after making a reasonable inquiry.
  • If there’s an objection, the court may order the objection addressed before a final response is given.
• The effect of admission
  • If a matter is admitted, it’s conclusively established in the case. That means it no longer needs to be proven at trial.
  • Once admitted, it’s very difficult to withdraw unless the court allows it.

Key Points to Remember

• Qualified answers are allowed: If a request is partly true and partly false, the responding side can admit only a part and deny the rest.
• On qualifying an answer: Should a court require that a party qualify an answer, the response must fairly meet the substance of the request and state the limits clearly.
• Be specific: A party must specifically deny any part that’s not admitted. Vague denials won’t cut it.
• Objections aren’t the last word: A court can order an objection addressed and require a straight answer.

Common Uses of Requests for Admission

Requests for admission play a big role in the discovery process. They don’t seek new evidence. Instead, they confirm what’s true and what isn’t.

When a party gives a clear written answer, like stating whether they admit or deny a fact, both sides save time and keep the case focused.

Confirming Facts and Documents

Lawyers often use admissions to lock down simple facts. Under the federal rules, if the fact is clear, within the knowledge of the responding party, and readily obtainable, the party should truthfully admit it.

For example, admitting the date a contract was signed or confirming that a letter came from a certain office. Once admitted, the fact is conclusively established in the pending action and doesn’t need to be proven again at trial.

Narrowing Issues for Trial

Courts want parties to avoid wasting time on issues where there’s no genuine issue. A request may ask the other side to admit that a medical record came from a specific clinic.

If admitted, that point is settled and can’t be argued later. If the court permits, an admission can sometimes be used in another proceeding, not just the current lawsuit.

Avoiding Unnecessary Disputes

Some questions don’t go to the sole cause of the case, but still matter. Admissions can confirm details like addresses, company names, or whether a message was sent. 

Using direct questions for these points saves everyone from doing additional discovery on things that aren’t really in dispute.

Supporting or Limiting Interrogatories

In some courts, admissions are included in standard form interrogatories. In others, they’re sent separately. Either way, they work together.

Interrogatories ask for explanations, while admissions push the other side to take a clear stand. This keeps the other party from changing positions later without a good reason.

Handling Mixed Questions

Sometimes a request involves both fact and opinion, creating mixed questions. Courts often require a response anyway, but the party can qualify their answer if needed.

The important part is that the written answer addresses the request fairly and completely.

Clarifying Case Law Positions

Admissions can also help shape how case law applies. If a legal rule depends on whether notice was given, one side might ask the other to admit that notice was sent on a certain date. 

That way, the legal debate is focused on how the law applies, not on whether the fact happened.

Serving Other Purposes

Finally, requests can serve other purposes, like authenticating documents or setting up facts for settlement talks.

Whatever the reason, they make it easier for the parties, the judge, and even the jury to focus on the truth instead of wasting time on points no one really disputes.

Do You Always Need to Respond?

Yes. If you receive a request for admission, you’re expected to reply within the designated time set by the court rules, usually 30 days.

Skipping a response can lead to the requests being treated as admitted, which can change the outcome of a case involving disputed facts. 

Unlike special interrogatories, which ask for explanations, admissions are meant to pin down facts directly. Courts expect the responding party to give a clear answer.

Here are a few key points to remember:

• A party must either truthfully admit, deny, or object to each request.
• If the directed serves of the request are proper and within the rules, silence counts as an admission.
• Admissions can be used in the current case and sometimes in other proceedings if the judge allows it.
• Courts may revisit discovery responses during a pretrial conference to decide if more discovery requests are needed.

Drafting Requests for Admission

Drafting requests for admission isn’t foolproof, but in general, there are best practices that help keep things clear and within the discovery rules.

Rule 36 of the Federal Rules of Civil Procedure is the starting point. It explains how a requesting party can send written statements and how the other side must respond.

If the party states an admission, that matter admitted becomes binding unless changed through an amended answer with the court’s permission.

• Keep each request simple: Rule 36 expects each request to cover only one fact or the authenticity of one document. That way, the other side can clearly admit or deny it. If a request is too long or complicated, the judge may not enforce it.
• Stay within discovery rules: Different courts set limits on how many requests may be served. Always check local discovery rules before sending them. This prevents objections and delays later.
• Think about trial strategy: The best requests target facts that will matter in front of the jury. Once a matter admitted is on record, it’s conclusively established for trial.
• Understand the cost of denial: Rule 36 also allows judges to order a party to pay expenses incurred if they deny something that later turns out to be true. This makes it risky to deny a request without a good reason.
• Amending answers: If circumstances change, the responding party can file an amended answer, but only with court approval. Judges will usually allow it if it won’t unfairly harm the requesting party.

Responding to a Request for Admission

When a party receives the request, the clock starts ticking. Whether you’re the defendant or the plaintiff, you have to provide a response within the set deadline.

Courts treat a failure to respond as an admission, which can shift the entire case. That’s why most lawyers stress answering carefully and on time.

Role of the Attorney

An attorney usually reviews each request with the client, checks the facts, and decides how to respond. The answer must be honest and specific, which means no vague denials.

If a party admits a fact, that admission counts as proof in the case and doesn’t need to be argued again.

Standards for Responses

• A party can admit, deny, or explain why they can’t respond.
• Good faith requires a real effort to check the facts before denying. Courts don’t accept blanket denials when the truth could be confirmed with reasonable effort.
• If a response is missing or incomplete, the other side can file a motion asking the court to treat the request as admitted.

Using Document Automation

Many firms now rely on document automation tools to draft responses. These tools help organize requests, track deadlines, and prepare clear answers.

While they don’t replace legal judgment, they reduce errors and make sure responses go out on time.

Achieve Faster, Smarter Discovery With Briefpoint

Requests for admission may not get as much attention as depositions or interrogatories, but they’re one of the most efficient ways to narrow issues in a case. 

When handled well, they save time, reduce litigation costs, and keep a trial focused on the real disputes instead of minor details.

We just looked at how responses work, including the growing role of document automation in drafting them. Automation makes it easier to prepare clear responses, stay on top of deadlines, and keep every request organized.

Briefpoint takes this a step further by giving lawyers purpose-built tools for discovery.

Briefpoint helps lawyers propound and respond to requests for admission, requests for production, and interrogatories across all U.S. states and federal districts. 

The platform generates objection-aware drafts, applies the right formatting, and saves hours that would otherwise be spent editing line by line.

If you’re ready to cut drafting time without losing quality, Briefpoint can help. Book a demo and see how you can automate discovery today.