26.01 Litigation is dispute resolution that takes place through the courts, before a judge, or a judge and jury.1 Court proceedings may be commenced by a person who seeks the determination of a justiciable issue or issues. The result of that determination is a judgment, that may order a person to do something (eg, pay an amount of money), refrain from doing something, or it may be declaratory of the parties’ rights and obligations, without actually ordering that a thing be done or not done.2