What is typically the first step in the pre-litigation process?

The pre-litigation process often begins with negotiation, as this step aims to resolve disputes before they escalate to formal legal proceedings. Negotiation involves the parties involved communicating directly with each other to try to come to a mutual agreement or settlement regarding the issue at hand. This approach can be less time-consuming and costly than pursuing litigation.

Engaging in negotiation first allows parties to explore options and compromises that may be satisfactory to both sides without the need for courtroom intervention. By attempting to resolve the matter through negotiation, parties can maintain control over the outcome rather than leaving it to a judge or jury.

Filing a complaint comes later in the process, as it marks the formal initiation of a lawsuit if the negotiation doesn't yield a resolution. Mediation also occurs after attempts at negotiation; it involves a neutral third party facilitating discussions to help the parties reach an agreement. Conducting discovery is part of the litigation process, taking place after a lawsuit is initiated to gather evidence and information essential for the case. Thus, negotiation is appropriately identified as the logical first step in the pre-litigation phase.