Running head: Traditional VS Non Traditional Litigation
Traditional vs. Nontraditional Litigation
Majid Clark
University of phoenix
Business Law
531
JOAN SCHILLER TRAVIS, J.D.
July 27, 2011
Traditional vs. Nontraditional Litigation The process of bringing, maintaining, and defending a lawsuit is called litigation. The word litigation usually strikes fear into the hearts of the business community. Litigation relates to a claim for damages decided by legal proceedings. Most litigation cases involve defending the company when accused of wrongdoing. The litigation process includes discovery, trials, and judgments. Litigation cases involve a lawyer to be employed by the business just for litigation purposes. Possessing a lawyer that is knowledgeable with employment or breach of contract issues will help the business make the appropriate decision when dealing with the litigation process. Because of the lengthy process and financial setbacks in which litigation can have business will avoid courtroom battles because the benefits always outweigh the cost. Business are tuning to a process called Alternative Dispute Resolution (ADR). This resource has become a valuable tool when two parties are trying to find an agreeable solution. In the workforce, this process helps solve issues that arise within companies daily operations. Alternative Dispute resolution will be company’s resources when trying to save money in a potential litigation case. Arbitration is another form of resolution that is used when attempting to reach a financial settlement. Another form of dispute resolution is mediation; this is a required process that has been placed in litigation to help divert cases away from going to court. Both parties must agree to have a neutral third party listen to both side and determine the best solution for both parties. Most third party