Civil litigation is a legal process where individuals, businesses, or other entities resolve disputes in a court of law. These disputes typically involve seeking monetary compensation or specific actions rather than criminal penalties. Civil litigation encompasses a wide range of legal issues, including contract disputes, property disputes, family law matters, and personal injury claims.

In Singapore, a civil lawsuit is a legal action initiated by an individual or entity (the plaintiff) against another party (the defendant) in a civil court. The purpose is to resolve a dispute where the plaintiff seeks compensation or other relief for harm or loss suffered due to the defendant’s actions or inactions. Singapore’s civil law system provides a structured framework for these disputes to be resolved fairly and efficiently.

To file a civil lawsuit in Singapore:

1. Consult a Lawyer: Determine the validity of your claim with legal advice.
2. Pre-Litigation Steps: Complete any required mediation or send a Letter of Demand.
3. File Legal Documents: Submit a Writ of Summons or Originating Summons to the court, depending on your case.
4. Serve Documents: Notify the defendant by officially serving the court documents.
5. Attend Court Proceedings: Participate in pre-trial conferences and, if necessary, a trial.
6. Enforce Judgement: If successful, follow court procedures to enforce the judgment.

Litigation means going to Court to resolve a dispute. Both parties will present their case in the Court, at which point the judge renders their verdict. On the other hand, arbitration is a private process where both parties agree that a third party (a neutral party) will yield a binding decision.

Arbitration also differs from litigation in several ways. The main difference is that arbitration is handled outside of the court system and can be much faster and less formal than litigation. However, arbitration can only be granted if it is provided within a contract agreed upon between the parties.

The potential costs associated with civil litigation can vary significantly depending on the complexity and duration of the case. Costs may include attorney fees, court filing fees charged by the court for filing legal documents and initiating court proceedings, costs for engaging expert witnesses, and expenses related to discovery (i.e. costs for gathering and producing evidence, such as documents and witness statements).

Some law firms in Singapore may offer fixed fees for certain types of cases to provide clients with greater transparency and predictability in terms of costs. Get in touch for a consultation to find out more about Farallon Law’s civil litigation fees.

Yes, there are several alternatives to going to court for resolving disputes, which are often referred to as alternative dispute resolution (ADR) methods. These alternatives include arbitration, a private process where a neutral third party (an arbitrator or arbitration firm) renders a binding decision; mediation, a facilitative process where a neutral mediator or mediation lawyer assists the parties in reaching a mutually agreeable settlement; and negotiation which involves direct discussions between the parties involved in the dispute to attempt to reach a settlement amicably.

To prepare your company for potential litigation, it is essential to take several proactive steps:

• Documentation: Maintain thorough and accurate records related to any potential disputes. This includes contracts, emails, meeting minutes, and any other relevant documentation.
• Legal Consultation: Seek early legal advice from a civil litigation attorney to understand your legal position and develop appropriate strategies to mitigate risks.
• Internal Policies: Ensure that your company’s internal policies and procedures comply with relevant laws and regulations. This will help to reduce the risk of disputes arising from non-compliance.

It’s recommended that you reach out to a civil litigation lawyer in Singapore as soon as possible for suitable advice on your specific case and circumstances.