...you. Arbitration as a process is very different from the process of litigation (trying cases in court), for business disputes. Here is a listing of the differences Public/Private, Formality The arbitration process is private, between the two parties and informal, while litigation is a formal process conducted in a public courtroon. Speed of Process The arbitration process is fairly quick. Once an arbitrator is selected, the case can be heard immediately. In a civil litigation, on the other hand, a case must wait until the court has time to hear it; this can mean many months, even years, before the case is heard. Cost of the Process The costs for the arbitration process are limited to the fee of the arbitrator(depending on the size of the claim, expertise of the arbitrator, and expenses), and attorney fees. Costs for litigation include attorney fees and court costs, which can be very high. Selection of Arbitrator/Judge The parties in the arbitration process decide jointly on the arbitrator; in a litigation, the judge is appointed and the parties have little or no say in the selection. The parties may have some say in whether a case is heard by a judge or a jury. Use of Attorneys Attorneys may represent the parties in an arbitration, but their role is limited; in civil litigation, attorneys spend much time gathering evidence, making motions, and presenting their cases; attorney costs in a litigation can be very high. Evidence Allowed The arbitration process has a limited...
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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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...The Litigation Process LAW/531 February 20, 2012 The Litigation Process According to "Methods For Resolving Conflicts And Disputes" (2012), In today's complex society we all deal with conflict in our daily lives; at home, work, school, in personal and business relations. Most of us would prefer to have our conflicts resolved fairly without violence or animosity. We would like our differences settled at the least cost and stress to ourselves, families, jobs or businesses.” (para. 1). According to Miller Johnson Schroeder, PLC (2012), “Litigation, or dispute resolution, is the process by which lawsuits are handled”. As settlement Offers are usually settled prior to court in a form of Alternative Dispute Resolution, some people prefers to have their cases soled in the court room. Benefits of counsel’s in solving litigations Team B discussed the benefits a counsel provides in helping a victim to decide whether to take a settlement offer or pursue litigation. Team B agreed that what a lawyer does usually is to spot strengths and weaknesses in your case, which affect the value of the case itself. For this matter skills are needed in order to know how to evaluate a case properly, taking into account all of the damages available both past, present and future. Counsel will be the third party to help negotiate a settlement outside of court. Counsel should be involved before you attempt to settle since, typically, you will be setting...
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...Grading Criteria Significant Health Care Event Paper This assignment is due in Week One. |Content |Points |Points |Additional | |60 Percent |Available |Earned |Comments: | | |6 |X/6 | | |Paper discusses a significant event or aspect that has changed or affected health care today | | | | |and includes the following: | | | | |How does this significant event relate to the changes on health care? | | | | |In your opinion, has this event impacted the historical evolution of health care? If so, how?| | | | |If not, could it? | | | | |Do you personally agree with the event’s significance, based on your beliefs and values? How | | | | |so? | | | ...
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...Traditional and Nontraditional Litigation Systems Candace Gilliom Business Law/LAW 531 December 3, 2012 Professor Tom Reardon The method of conveying, sustaining, and defending a lawsuit in a court of law is litigation or judicial dispute resolution (Cheeseman, 2010). Litigation something that can be lengthy and time consuming. Alternative Dispute Resolution or ADR is something that was thought of to reduce the need for lawyers and also as a way to solve problems before a trial. ADR offers a less expensive way to resolve contract and commercial disputes while minimizing the business risks associated with traditional litigation. The litigation process is time consuming because of the different phases of the process. The first phase is the pretrial litigation process that involves pleadings, discovery, dismissals and pretrial judgments, and settlement conferences (Cheeseman, 2010). Trials usually consist of selecting a jury, the lawyers making their cases, closing the case and waiting for the jury to make a decision. This process can take months to years making it time consuming and expensive. Alternative Dispute Resolution (ADR) offers a quicker and less expensive method of resolution for the organization. ADR lets a third party negotiate and come up with a resolution prior to a trial or in place of a trial. ADRs most common form is arbitration (Cheeseman, 2010). Parties chose a neutral third party to decide the dispute. Parties are often bound in advance to agree...
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...Traditional and Nontraditional Litigation Paper University of Phoenix Business Law LAW 531 December 17, 2012 Traditional and Nontraditional Litigation Paper Issues happen in organizations everyday as well as in the personal lives of the citizens of the United States. Issues considered severe enough result in going through the court systems in which the plaintiff and defendant can argue about what happened and who is right and who is wrong. However, there are more than on way of settling disputes; there is the traditional litigation process and the nontraditional litigation process. Each process is effective just as each process is vulnerable as well. The following passages will explain the differences each process goes through, the advantages and disadvantages each process has as well as the nontraditional forms of Alternative Dispute Resolution (ADR). Traditional Litigation Traditional litigation consists of the defendant and plaintiff settling their differences in a court of law. The trial can be done with only a judge making the final decision or those involved can call for a trial by jury. In this case a selected jury will be the determining factor in the case. Each party has the choice of using an attorney or going on alone and doing by themselves. Court procedures will follow formal rules as well as civil, local, state and federal laws. Nontraditional Litigation Nontraditional litigation is better known as an ADR and according to Bondi...
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...Traditional and Nontraditional Litigation Angela Dunn October 31, 2011 LAW 531 Dr. Lisa Browning Traditional and Nontraditional Litigation There are many disagreements daily that require courts or authorities to assist in deciding who is right and who is wrong. Using traditional or nontraditional litigation are ways that we have chosen to provide assistance in making sound and consistent decisions or ruling. The following paper will compare and contrast both litigation processes. Traditional Litigation Traditional litigation refers to using the court system as a resolution to disputes. The disputes are held in a court room with either a judge or jury deciding who wins and who loses. Nontraditional litigation involves using alternative dispute resolutions to resolve disagreements and is normally not held in a courtroom. While traditional litigations can be very costly, take years to resolve, and draw wanted or unwanted media attention, nontraditional litigations are just the opposite. Traditional litigation involves jury selection for the majority of the cases presented. Attorneys are either with the defendant or for the prosecution. The duration of the litigation can last for weeks or months depending on the case. Many cases draw media attention which can lead to a case being “tried in the media.” Alternative Dispute Resolutions Most companies choose alternative dispute resolutions (ADR) to solve their legal matters. There are several different types...
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...Litgation Paper Pamela Plamondon LAW/531 December 17, 2012 Arlana Spikener, JD Litigation Paper Understanding alternative methods of dispute for resolution is important; because most case never goes to court they are settled before they are heard by the courts. The traditional litigation system and nontraditional litigation both strive to settle the dispute or resolution that both parties agree upon. This paper will compare and contrast traditional litigation with the nontraditional forms of ADR. Compare Both traditional litigation system and nontraditional forms of ADR both strive to find a resolution to a legal dispute. With both systems the parties involved in the dispute can be represented my legal counsel. The resolution is determined by a third party, example; jury, judge, court appointed arbitrator, mediator, judicial referee, or conciliator (Cheeseman, 2010). In cases involving a jury the jury will deliberate and read the finding to the judge, the judge will issue the final resolution. In cases using ADR, the third party usually arbitrator or mediator will determine the resolution. Contrast As stated above both the traditional litigation system and nontraditional strive to get a resolution to a dispute. What is different is how the resolution is made. Traditional litigation can be time-consuming and can become very expensive for both parties involved. There are several steps to the traditional litigation; pleadings, discovery, dismissals and pretrial...
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...Comparing and Contrasting Litigation and Nontraditional or ADR Individual Paper/ADR Clause Professor Lillian Hill Waston Business Law 531 Jan. 15, 2013 Litigation is time consuming, difficult, and costly process requiring strict rules to be observed. Litigation uses the court system to resolve disputes between parties. Litigators are trial attorneys that represent clients. The plaintiff claims that the actions of the defendant cased harm. The alternative to litigation is nontraditional or alternative dispute resolution (ADR). Alternative dispute resolution can be used in context of negotiation, mediation, and arbitration. In this essay I will compare and contrast litigation to non traditional forms of alternative dispute resolution. Litigation, controversies that are legally authorized and decided by the court of law are called lawsuits. Litigation is when one individual or organization sues another for damages. The reason why an individual or organization enters into a lawsuit is to enforce a right or remedy an injustice. During an ongoing trial respondent, petitioners, applicants, defendants, and plaintiffs are all called litigants. The litigants can represent themselves or hire legal counsels who are called litigators. An experienced attorney has the knowledge of the policies, rules, and laws that govern the litigation process. The litigation process is composed of phases to include: pleading, answer, discovery, motion,...
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...LAW 531 WEEK 2 A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=law-531-week-2 Visit Our website: http://hwsoloutions.com/ Product Description LAW 531 Week 2 Week Two IRAC Brief Case: Edward J Bylsma v. Burger King Corporation. May 8, In the outlined case, the plaintiff is trying to sue Burger King Corporation under the Washington Product Liability Act (WPLA). Mr. Bylsma claims ongoing emotional distress after an employee spat on a burger he purchased, but did not eat. The litigation is based on product liability, negligence, and vicarious liability (Bylsma v. Burger King Corp, 2013). According to Repa (1998) “Although supreme Court has not yet recognized federal limitations on state product-liability actions, several lower federal courts justified a federal common-law tort immunity” (p 48). The legal concepts that have been applied are discussed in the discovery of the Issue, Rule of the court, Analysis, and Conclusion reached for this case. Like this case, if these legal concepts are violated with lack of training and inspections by the managerial setting similar issues can be found in all types of businesses. Therefore, according to WPLA Burger King has lost the case due to the legal principles behind the decision which are product liability, negligence, and assault by the employee causing emotional distress. “A tort is a civil wrong for which a remedy may be obtained” (Azria, 2014, p. 1). In the food and hospitality industry tort cases like...
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...Nontraditional and Traditional Litigation Paper Law/531 One of the ways that citizens and businesses alike resolve conflict is through civil litigation. It involves legal processes and the court in order to resolve disputes between two parties, who are seeking equitable and legal remedy. The process is quite structured and the plaintiff, who claims to have suffered a loss as a result of the actions of the defendant, must provide an argument that is based on facts or findings. The defendant must be prepared to give an answer or response to the plaintiff’s complaint. It can be divided into seven stages to included investigation, pleadings, discovery, pre-trial, trial, settlement and appeal. Both parties are represented by attorneys and the case is decided by a judge or jury, and if each party feels the court’s decision is in error, then one can appeal the decision, to be tried in a higher court of law. Although most trials are settled outside of courts and not all trials go through every stage, litigation can become expensive and complicated with increased party involvement. Because lawsuits can take several months to years before it even goals to trial, alternate dispute resolution (ADR) methods are other ways of remedying conflict, and could save companies money. Both are effective, however, choosing the best method to resolve a conflict should depend on the nature of the conflict. Some of the things that can affect companies and should be considered...
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...Traditional and Nontraditional Litigation Systems Business Law/LAW 531 May 25, 2012 The method of conveying, sustaining, and defending a lawsuit in a court of law is litigation or judicial dispute resolution (Cheeseman, 2010). Litigation is a time consuming and costly process. Alternative Dispute Resolution (ADR) is a response to the expenses of lawsuits and a popular means for resolve of cases prior to trial. ADR offers a less expensive way to resolve contract and commercial disputes while minimizing the business risks associated with traditional litigation. The litigation process is time consuming because of the different phases of the process. The first phase is the pretrial litigation process that involves pleadings, discovery, dismissals and pretrial judgments, and settlement conferences (Cheeseman, 2010). The trial phase involves jury selection, opening statements, the Plaintiff’s case, the Defendant’s case, rebuttal, closing arguments, jury instructions, jury deliberation, and entry of judgment. The appeal phase can begin once the court enters a final judgment. A trial is a more formal and a more slow process, more costly for parties involved, and judgments are enforceable by the court system. Litigation can be very time consuming and expensive for the defendant and plaintiff. Alternative Dispute Resolution (ADR) offers a less formal and intimidating environment for the parties involved, a quicker method, and less expensive resolution for the organization. ADR...
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...Traditional and Nontraditional Litigation LAW/531 April 15, 2013 Traditional and Nontraditional Litigation In the United States, a traditional litigation refers to the process of bringing, defending and maintaining a lawsuit (Cheeseman, 2010). Traditional litigation goes through a structured process of answer, discovery trial and jury. Whereas the nontraditional litigation process, alternative dispute resolution, known as ADR is a more flexible, less expensive, not as time consuming, and confidential process. There are several forms of alternative dispute resolution, mediation, arbitration, negotiation, conciliation, mini-trial, fact-finding and utilizing a judicial referee. Arbitration and mediation are similar to where it is a form of negotiation and a neutral party settles the dispute. Negotiation is where the two parties negotiate to settle the dispute. A mini-trial is a shortened version of a traditional litigation trial. Fact-finding situations call for the parties to employ a third party to investigate the facts to come to a resolution. Lastly, a judicial referee is much like a mini-trial but both parties reserve the right to appeal. Ninety percent of cases are resolved through alternative dispute resolution (Harms, 2011). The next several paragraphs will identify risks associated with traditional litigation and the advantages of the alternative dispute resolution in reducing those risks. A Formal Process In a traditional litigation the process is very structured...
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...Non-Traditional Litigation LAW/531 May 21st 2012 Traditional and Non-Traditional Litigation Traditional and nontraditional are two sides of a coin as the main purpose of both is to reach at a resolution; however the strategies, and procedures adopted by them are different. Many cases nowadays do not reach the trial stage hence it is very crucial to understand the alternate methods of dispute resolution (ADR) just as the traditional litigation system is popular. Comparison- Traditional and Non-Traditional Litigation. Litigation is defined “as the process of bringing, maintaining and defending a law suit”. (Cheeseman, 2010). In a traditional litigation system the decision of the disputes are decided by a judge or jury whereas in a nontraditional litigation system or ADR the decision of the dispute rests in the hands of third party, who assists the disputing parties to come to a decision. In ADRs, depending on the method used, the third parties can be arbitrators, mediators, judicial referees, conciliators. (Cheeseman,2010). Hence, in both forms of litigation, there always a third party making the final decision. Plaintiffs and defendants usually can be used by attorneys in both litigation forms; however ,this is not always necessary. Contrast between Traditional and Non-Traditional Litigation. ...
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...Stephanie Alfred University of Phoenix Bus Law 531 Peter Derouen Nov. 13,2011 In a traditional litigation system all dispute are resole in a civil court system. Traditional litigation system is based on an adversarial justice system which attorneys are obligated to represent their clients within a lawful and professional manner. The court's proceedings right from an action's commencement to the trial inclusion are governed by civil procedures and detailed rules that are formal. Many parties can choose to settle their dispute without going to court this is called alternative dispute resolution. This form of dispute is cheaper than the traditional litigation system going to court can be very expense. Even though these are two different types of litigation they are both forms of dispute resolution. Negotiation, mediation, conciliation, and arbitration are the four main forms of alternative dispute resolution. In mediation a third party is brought into assist the parties reach a compromising agreement. This neutral person is known as the mediator it is his responsibility to inform each party of their rights and help try to find a common ground in which each party will be satisfied. This person is also known as a facilitator. Conciliation on the other hand involves a third party in which they help to resolve a dispute between two parties. The conciliator does play a more important role than the mediator. Arbitration is a more formal dispute resolution because a third party...
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