Which of the following is NOT part of the litigation process?

The litigation process primarily encompasses the formal legal proceedings that occur when parties cannot resolve their disputes through negotiation or alternative dispute resolution methods. Important components of this process include negotiation, mediation, and arbitration, which are all methods aimed at resolving conflicts either before or during the litigation.

Construction documentation, however, is not a component of the litigation process itself. Instead, it refers to the collection of documents that detail the design, intent, and specifications for a construction project. While construction documentation may be relevant during litigation if disputes arise related to a project, it is not a procedural step or method within the litigation framework. The focus of construction documentation is on the project execution and management rather than on resolving legal conflicts.

In contrast, negotiation aims to reach a mutually acceptable agreement, mediation involves a neutral third party to facilitate a settlement, and arbitration is a more formalized process where a third party renders a binding decision. Understanding these distinctions helps clarify the roles they play in addressing disputes, as opposed to the documentation related to construction activities.