Litigation and dispute resolution

The most important step is to gain an overview of the facts of the case, including relevant documents and evidence, so you understand what is at stake and can assess both your own situation and the opposing party's claims. Also, make sure to identify any applicable deadlines and ensure they are met.

Acting in an orderly and cooperative manner is crucial throughout the process. Additionally, it may be wise to explore whether the matter can be resolved amicably, meaning peacefully and mutually agreed upon, without resorting to legal action.

If the case seems complex or difficult to navigate, it may be prudent to contact a lawyer for assistance in either pursuing or dismissing the claim.

It is essential to create a chronological overview of the facts and documents related to the case. This provides both you and a potential lawyer with a better foundation to work more effectively on the matter.

Make sure to note and follow deadlines from the Conciliation Board or the courts, as this is crucial for safeguarding your rights and opportunities in the case. If you are uncertain about anything, contact the Conciliation Board or the courts.

Check whether the case might be covered under your home insurance, which often includes legal assistance coverage for disputes up to NOK 100,000, with a deductible.

If necessary, engage a lawyer and request a litigation risk assessment. This involves evaluating the likelihood of winning or losing the case, as well as the costs and consequences associated with various outcomes. Such an assessment is critical for negotiating a potential settlement and for developing a strategy to handle the case moving forward.

Typically, businesses or individuals receive a notice of potential legal action before a legal process begins, in accordance with Section 5-2 of the Dispute Act. This provides time to assess the claim being made before the courts become involved. However, it is important to note that a lawsuit can also be initiated without prior notice, as a formal notice of legal action is not an absolute requirement.

If you have not engaged a lawyer before the lawsuit is filed, the Conciliation Board will be the first instance in the case. However, the Conciliation Board is not the first instance if both parties have been represented by lawyers and the disputed amount exceeds NOK 200,000. In such cases, the case begins in the District Court with jurisdiction over the dispute, which is usually where the defendant resides.

When you receive a lawsuit, you will have the opportunity to submit a reply. The reply, along with the summons, are key documents in the case and include descriptions of the facts, arguments, claims, and allegations. Following this, the court will hold a planning meeting with the parties or their lawyers. During this meeting, dates for the conclusion of case preparation, final submissions, and the main hearing will be set.

During the planning meeting, the court will typically offer mediation and inquire whether expert witnesses or other specific measures are needed. Mediation provides the parties with an opportunity to reach an amicable resolution, i.e., an agreement acceptable to both parties, without requiring the court to issue a judgment. Agreeing to mediation does not commit either party to a settlement. If mediation does not result in an agreement, the case proceeds to a main hearing—a standard court trial.

After the case is heard in the main hearing, the court delivers its judgment, usually within four weeks. The judgment from the District Court can then be appealed to the Court of Appeal by the losing party. The opportunity to appeal further to the Supreme Court is very limited, meaning that the Court of Appeal’s judgment is typically the final decision in the case.

• The Conciliation Board is the lowest level in the judicial system and serves as a mediator between parties in civil cases. It does not handle criminal cases but focuses on helping parties reach an agreement through dialogue. If mediation is unsuccessful, the Conciliation Board can issue a judgment in simple cases. For many, this is the first point of contact with the legal system.
• The District Court is the first level in the court system and handles both civil and criminal cases. Additionally, the District Court is responsible for other types of cases, such as probate, enforcement proceedings, and guardianship matters. This is the court where most cases begin, and it plays a broad role in the judiciary.
• The Court of Appeal is the second level in the court system and reviews appeals against decisions made by the District Court. This applies to both civil and criminal cases. The Court of Appeal plays an important role in ensuring that cases are handled correctly and that legal protections are upheld. If one disagrees with the District Court's decision, the case can be appealed here.
• The Supreme Court is the highest level in the Norwegian judicial system. It only reviews appeals concerning legal application, i.e., how laws have been interpreted and applied in the case, and not the evidence itself (except in cases handled by the Supreme Court's Appeals Committee). Its primary role is to ensure uniform and accurate legal practice in Norway, and its decisions significantly influence how laws are understood in the future.

Mediation is a voluntary and alternative way to resolve a dispute in the courts without going through a full trial. It involves the parties in a case meeting with a neutral mediator, often a judge, to try to reach a solution that both parties can accept. The goal of mediation is to find an amicable resolution that saves time, costs, and stress for everyone involved.

During mediation, the parties have the opportunity to present their viewpoints and discuss the case in a more informal setting than in a courtroom. The mediator helps structure the conversation, clarify disagreements, and suggest possible solutions, but does not make decisions in the case. If the parties reach an agreement, it can result in a legally binding settlement.

Mediation is particularly useful in cases where the parties wish to maintain a good relationship, such as family matters, neighbor disputes, or business conflicts. It is also an effective way to reduce the burden on the courts and faster case processing.