Define: Amicable Action

Amicable Action
Amicable Action
Quick Summary of Amicable Action

An amicable action refers to a legal proceeding or dispute resolution process that is conducted in a cooperative and mutually agreeable manner between parties involved. Unlike adversarial litigation, where parties may be in conflict and pursue their interests aggressively, amicable actions prioritise collaboration, negotiation, and compromise to reach a resolution that satisfies all parties involved. This approach often involves alternative dispute resolution methods such as mediation or arbitration, where a neutral third party facilitates discussions and helps the parties find common ground. Amicable actions can lead to faster, less costly, and more satisfying outcomes compared to traditional litigation, promoting harmony and preserving relationships between parties.

Full Definition Of Amicable Action

An action commenced and maintained by the mutual consent and arrangement of the parties to obtain a judgment of a court on a doubtful question of law that is based upon facts that both parties accept as being correct and complete.

The action is considered amicable because there is no dispute as to the facts but only as to the conclusions of law that a judge can reach from consideration of the facts. An amicable action is considered a justiciable controversy because there is a real and substantive disagreement between the parties as to the appropriate relief to be granted by the court.

Other names for an amicable action are a case agreed on, a case stated, or a friendly suit.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.

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