... Traditional Litigation System Comparisons and Contrasts with Nontraditional Forms of ADR Law was intended and foreseen as a way to protect and prohibit people from against unwelcomed intervention from other people, organizations, and society. Law is also intended to stop people from participating or conducting themselves in objectionable actions. The United States legal system has a traditional litigation resolution form of law and a nontraditional judicial dispute resolution. The legal systems of traditional litigation resolution are suit, answer, discovery, trial, or jury. Nontraditional judicial dispute resolution or better known as alternative dispute resolution (ADR) forms are known as mediation, arbitration, negotiation, conciliation, and mini-trial. The paper will consider how the traditional court system and the nontraditional ADR alternatives compare and contrast within the U.S. legal system. Businesses are selecting alternative dispute resolution (ADR) methods over traditional legal methods because of more regularity conditions, time, and larger expenses. The traditional litigation legal system is heard in a court of law, and the outcome is determined as winner or loser. The traditional litigation time line is very drawn out. It requires initiating a lawsuit, filing a complaint, waiting for court case validation, issuing a summons, waiting for the defendant to file an answer, and replying plus several other processes. The traditional system has a very long...
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...Alternative Dispute Resolution Omar Omar LAW/531 September 17, 2015 Donnie McGilbra Alternative Dispute Resolution Paper Alternative Dispute Resolution methods are more favorable in order to meet the requirements of modern business since the courts are no longer able to respond to them individually especially with the continuous development in trade and services, and the consequent complexity of transactions and need the speed and effectiveness of broadcast differences and specialties by seen these differences or contribute to h, the need arose to legal mechanisms through which parties can resolve their differences quickly with flexibility and freedom not usually available in the courts. It is not surprising to know alternative methods of resolving disputes increasing attention at various legal and judicial systems, and to provide the flexibility and speed in determining and maintaining confidentiality and the participation of the parties in resolving their disputes. Given the position of alternative means of resolving disputes of prominence in legal and economic thinking at the global level, the world since half a century and increasing legislative and doctrinal movement to organize alternative means, and what it represents in the present of the verb effect at the level of litigation was normal that States Endeavour to find an appropriate framework guaranteeing the codified and then applied to be made an effective tool for achieving justice and installation maintenance...
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...Traditional and Non-Traditional Litigation Linda T. Lopez UOP Professor Richard Rice Traditional and Non-Traditional Litigation Determining the ideal methodology for resolving a business dispute can be a challenge for business. One hires an attorney and files a lawsuit requiring the other to hire an attorney and defend the lawsuit. As the number of court cases filed grows each year and the cost of litigation increases. More organizations are looking for efficient ways to settle business disputes. Many forms of traditional litigation exist in the legal system; the forms exist in the context of suit, answer, discovery, trial or jury. In addition a variety exist in the non-traditional Alternative Dispute Resolution (ADR) aspect of the legal system, the nontraditional or Alternative Dispute Resolution (ADR) aspect of the legal system forms exist in the context of as mediation, arbitration, conciliation, mini-trial, and negotiation. After reading this paper one will find a comparison and a contrast of the traditional litigation system with the non-traditional forms of Alternative Dispute Resolution (ADR). This paper will also examine the risks that businesses and other organizations encounter when dealing with traditional litigation and where might an ADR be a more appropriate measure in order for business managers to reduce those risks. Traditional litigation is the process of bringing, maintaining, and defending...
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...| Alternative Dispute Resolutions | | | Alternative dispute resolutions, known to many as ADR, are methods to resolve conflicts in ways other than legal litigation. “Because litigation is expensive and time-consuming, both [parties] suffer when parties bring their disputes to court. Alternative dispute resolution (“ADR”) is an important solution” (Baum, 2010). The four most common methods of ADR are negotiation, mediation, arbitration, and collaborative law. A fifth method, conciliation, sometimes falls into the ADR category. The use of ADRs has been proven to be helpful in many different types of legal disputes from personal to professional (Alternative Dispute Resolution (ADR), 1995-2013). Alternative dispute resolutions are non-adversarial methods used to successfully manage conflict without the use of unnecessary, expensive litigation. Negotiation Negotiation is the simplest way to settle differences. This method is back and forth communication trying to find a solution to resolve a conflict. The characteristics of negotiation are as followed: private, confidential, voluntary, quick, little to no cost, parties make their own decisions, parties reach agreements, full control, enforceable agreements, win-win solutions (Oklahoma Bar Association, 2012). Negotiation can be done in a number of ways: formal, informal, private, public, directly or with third parties (although third parties typically aren’t necessary). It can happen any time, any place. Those...
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...In this essay I will compare and contrast the Traditional litigation system with the Nontraditional forms of ADR. First and foremost “Litigation is a legal process where parties argue their case against each other through the usage of discovery and court room procedures. Parties involved are called litigants. Each party assembles its argument supported by findings and facts. Parties exchange documents pursuing their interest. Litigation continues until the involved parties' find a resolution or trial conclude. In the event a resolution is not attainable, parties will move forward to trial seeking court judgment. On its part, the court usually extends the process of litigation through alternative dispute resolutions” (Habashy, 1995). I’m pretty sure the public is aware of the legal term litigation and its ramifications. Litigation’s can be very expensive at times, and emotionally and physically stressful. With litigation, you never know the outcome until the jury or judge decides. Alternative dispute resolution, has been gaining popularity as a method to resolve some of the shortcomings of litigation. The word litigation alone strikes fear into the business community. Litigation relates to a claim for damages decided by legal proceedings. Some litigation cases include defending the company when accused of misconduct. The litigation process involves discovery, trials, and judgments. “The litigation system has the authority to sermon the attorney to carry...
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...Law/531 Business Law November 15, 2010 Ken Rhymes, J.D. Alternative Dispute Resolution Alternative Dispute Resolution means a resolving difference that keep parties from involving the courts and proceeding throughout the litigation process. According to Cheeseman (2010) alternative dispute resolution includes negotiation, mediation, conciliation, mini-trial, fact-finding, arbitration and using a judicial referee. In the case of resolving disputes that arise in a learning team, mediation would be the most appropriate form of alternative dispute resolution. Effectively to realize when mediation is necessary during a learning team dispute, the learning team should first establish a charter that outlines guidelines the group agrees upon. These guidelines include the goal of the group, ground rules for working together, and conflict management. The ground rules establish the means by which members agree to work together, communication methods and timelines and additional means of ensuring respect and commitment to the learning team projects. Conflict management outlines the possible disputes that may arise and methods for obtaining resolution. Examples include team members who miss team discussions, disagreements on how to divide the workload and those who do not complete individual portions of assignments timely or other disputes that hinder the team from achieving its goals and completing assignments. Determining whether a conflict is suitable for ADR, the team...
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...International Legal and Ethical Issues Lori Hall LAW/421 December 18, 2012 Corey Frost International Legal and Ethical Issues When one company decides to take legal action against a foreign business partner in another company it is important to not only have an understanding of their local laws but also cultural differences, customs, and language barriers. All of these items could present possible barriers to resolving legal disputes associated with international transactions. Any company doing business abroad must be mindful of the pitfalls of international business, ensuring that the contract entered into is legally enforceable, the contract must protect the company’s interests in the foreign country against all eventualities, knowing that possible disagreements and disputes are common in the international trade arena. This paper will outline the legal, ethical, and cultural issues of doing business abroad. Issues Involved In Resolving Legal Disputes First, business contracts must clearly specify which laws will govern the business decisions that will be made, whether it is American law, local country laws, or popular international convention. One should note that international laws are broad terms establishing a series of customs that countries and businesses agree to adhere to when dealing with each other and that international laws are binding; however, largely based on reciprocal behavior rather than legal sanctions (Melvin, 2011). Some issues involved in...
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...The Legal System and ADR University of Phoenix Law531 Michael Meeusen The Legal System and ADR Traditional litigation and ADR are two different ways to resolve a legal dispute. The use of traditional litigation takes you through a costly and lengthy trial before a judge and sometimes a jury. Whereas, ADR, also known as alternative dispute resolution, is a method of resolving legal dispute without going to trial. In the case of Rainy vs. Domino’s pizza, LLC traditional litigation was used but using ADR in the case may have been the better way to go. In the state court system this case would begin by the plaintiff, Paul Rainy filing a complaint. Then Domino’s pizza, LLC has to file an answer to the plaintiff’s case, which in this case they deny being vicariously liable for the plaintiffs’ injuries. The discovery process is the next step to state court system. At this point both parties will engage in activities to discover the facts of the case from all parties’ involved as well as witnesses (Cheeseman, 2013, p. 45). A deposition is one of many examples of discovery that can be used to provide detail in a legal dispute. In terms of a deposition a witness or party gives testimony pretrial, under oath, to be used as evidence during the actual trial. In the state court system the last step used before actually going to trial is a pretrial hearing or settlement conference (Cheeseman, 2013, p. 47). In this pretrial hearing both parties try to facilitate a settlement...
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...about alternative dispute resolutions. The manager should understand the agency relationship and its effect on the company. Social Media Social Media is increasingly becoming the preferred medium for businesses to use as a means to advertise and promote a business. Social Media sites such as Facebook, Twitter, and LinkedIn are some of the most popular social media sites today. Social Media is relatively inexpensive for businesses to use and it reaches millions of people instantaneously. These sites give the consumer a relatively simple means of communicating with the business. Facebook is currently the most popular of the social media sites. Facebook allows a company to setup their own direct page that a customer can like the companies, use links to access websites or promotions. On the companies Facebook page customers have the ability to post comments. Using Facebook as a means for a business to promote and provide access to that particular company comes with a lot of legal responsibility that an astute manager would need to be aware of. There are four major components that a legally astute manager would need to be aware of. The first component that the legally astute manager needs to be concerned with is the companies set of value laden attitude about the importance of law to the company’s success (Bagley p11.). A legally astute manager needs to know and understand what the company is about, and the company’s policies. The manager should be aware of the legal responsibilities...
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...Alternative Dispute Resolution (ADR) Clause Cynthia Yvette Bevel LAW/531 August 9, 2010 Michael Carrozzo Abstract A Lawsuit through the court system to resolve disputes can result in a significant amount of time lost in addition to extensive litigation cost. Some businesses avoid costly litigation by opting to resolving disputes through Alternative Dispute Resolution (ADR) and other aids. When teams have disputes among members, an Alternative Dispute Resolution (ADR) Clause would be an effective tool in resolving conflict with minimal impact or disruption. The most common form of ADR is arbitration. However, other forms are negotiation and mediation. Arbitration Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons, by whose decision they agree to be bound. When a dispute arises within a learning team, arbitration is used when the arbitrator is brought in to resolve a dispute. This usually resolves disputes in a timely fashion because the arbitrator renders a decision based on facts. Negotiation Negotiation is a procedure whereby the parties to a dispute engage in negotiations to try and reach a voluntary settlement of their dispute. (Source: LAW/531 – Chapter3: Judicial, Alternative, and Online Dispute Resolution). This is the simplest form of the ADR in which the teammates would negotiate before approaching any other forms. Mediation Mediation is a form of...
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...Option 1: Alternative Dispute Resolution University of Phoenix LAW/531 This paper is about the traditional litigation system and the non-traditional forms of Alternative Dispute Resolution (ADR). Alternative dispute resolution is a solution to a practical business and personal solution since these are related to the significant costs of resolving the disputes. In order to capture the true spirit of this assignment one must ultimately answer the following two questions: • what are some of the risks involved with traditional litigation? • What circumstances might ADR be a more appropriate measure for business managers to reduce those risks is identified? Traditional Litigation is defined as “The process of bringing, maintaining, and defending a lawsuit is called litigation. This is also called judicial dispute resolution because courts are used to decide the case.” (Cheeseman, 2010) The litigation process can take years to resolve, during that period the physical and mental state of witness can vary. Over time the physical and mental examination of witness can eliminate key discovery facts if the court determines the witness is unfit for examination. Alternative dispute resolutions are used by business and organizations because they are less costly and time consuming methods to resolve. According to Cheeseman, 2010; alternative dispute resolution (ADR) is defined as “methods of resolving disputes other than litigation.” By far the most common form of ADR is arbitration...
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...The Legal System and ADR Analysis LAW/531 March 03, 2014 Traditional litigation and ADR are two different ways to resolve a legal dispute. The use of traditional litigation takes you through a costly and lengthy trial before a judge and sometimes a jury. Whereas, ADR, also known as alternative dispute resolution, (Royal & Miles LLP, 2012) is a method of resolving legal dispute without going to trial. In the case of Rainy vs. Domino’s pizza, LLC traditional litigation was used but using ADR in the case may have been the better way to go. In the state court system this case would begin by the plaintiff, Paul Rainy filing a complaint. Then Domino’s pizza, LLC has to file an answer to the plaintiff’s case, which in this case they deny being vicariously liable for the plaintiffs’ injuries. The discovery process is the next step to state court system. At this point both parties will engage in activities to discover the facts of the case from all parties’ involved as well as witnesses (Cheeseman, 2013, p.45). A deposition is one of many examples of discovery that can be used to provide detail in a legal dispute. In terms of a deposition a witness or party gives testimony pretrial, under oath, to be used as evidence during the actual trial. In the state court system the last step used before actually going to trial is a pretrial hearing or settlement conference (Cheeseman, 2013, p.47). In this pretrial hearing both parties try to facilitate a settlement before the trial to prevent...
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...part of my time, during the twenty years of my practice as a lawyer, was occupied in bringing about private compromises of hundreds of cases. I lost nothing, thereby not even money, certainly not my soul." Conflict is a fact of life. It is not good or bad. However, what is important is how we manage or handle it. Negotiation techniques are often central to resolving conflict and as a basic technique these have been around for many thousands of years. Alternative Dispute Resolution (ADR) refers to a variety of streamlined resolution techniques designed to resolve issues in controversy more efficiently when the normal negotiation process fails. Alternative Dispute Resolution (ADR) is an alternative to the Formal Legal System. It is an alternative to litigation. It was being thought of in view of the fact that the Courts are over burdened with cases. The said system emanates from dissatisfaction of many people with the way in which disputes are traditionally resolved resulting in criticism of the Courts, the legal profession and sometimes lead to a sense of alienation from the whole legal system- thus, the need for Alternative Dispute Resolution. With the spread of ADR programs in the developed and developing world, creative uses for and designs for ADR systems are proliferating. Successful programs are improving the lives of individuals and meeting broad societal goals. There is a critical mass of ADR experience, revealing important lessons as to whether, when and how to implement ADR...
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...Bangladesh: Whether arbitration and mediation is appropriate procedure to solve dispute”. The aim of this research is to analyses the cachet and efficaciousness of the instrument of ADR in Bangladesh. At the same time an attempt is made to evaluate the sociological aspect of the ADR in Bangladesh. Hence, this writes up especially for those who have no legal background but want to have an idea about it is interesting to note that the concept of ADR is developing in Bangladesh as a performance of public duty by civil society groups advocating in support of progressive ideologies. I have collected all the materials from different books, scholars’ articles and offices from Law organization. I have collected the information about International aspect of ADR from different site of internet. At first I have collected different books relating to ADR. For the laws regarding ADR of Bangladesh and international, I have followed different Acts and Convention. INTRODUCTION The attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result. Mediation differs from arbitration in which the third party (arbitrator) acts much like a judge but in an out-of-court less formal setting but does not actively participate in the discussion. Mediation has become very common in trying to resolve domestic relations disputes (divorce, child custody, visitation), and is often ordered by the judge...
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...Alternative Dispute Resolution Clause Should any dispute between Learning Team (LT) members arise at any time during the six-week class term and out of any aspect of the LT relationship including, but not limited to, team member selection, performance, assignment input, assignment completion, and assignment submission the LT will confer in good faith to resolve promptly such dispute within 24 hours. In the event of conflict between two or more members of the LT that cannot be settled within 24 hours of onset of the conflict, the dispute will be escalated to one of the two Alternative Dispute Resolutions (ADR) identified in the Team Charter as appropriate methods for resolving LT disputes. The first and preferred method of dispute resolution is Peer Review (PR). PR is an effort to keep the conflict within the margins of the LT and is comprised of the remaining LT member(s). The two parties involved in the dispute will separately choose an LT member not involved in the dispute to represent him or her, or another neutral party if the number of LT members is limited. Each disputing member will present his or her case and the PR panel will deliberate and identify a possible solution. The total time allowed for the PR process is two days. The first day is to identify the parties and to participate and prepare cases. The second day is to present evidence and render a decision. If the suggestion presented by the PR panel does not resolve the dispute, it will then escalate to the...
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