...Litigation and Alternatives The dispute between NonLinearPro and Quick Take Video take place because an employee make the mistake of not reading an agreement before signing it. NonLinearPro now has a leasing contract for three months for the equipment Quick Take Video returned and refuses to make payment. The following will give the complaints each party could have and their options for resolving the complaints. The complaint NonLinear Pro would have against Quick Take Video would be not receiving payment for equipment leases to Quick Take Video as specified in the lease agreement. Quick Takes can claim NonLinear Pro lease is not binding because the equipment was not suitable for their company and they returned it once the issues came about. Hal has several options when it comes to the suit. He can pay the $5,000 to make the suite go away. He can send in a response to the compliant and send a cross complaint and allow the suit to go to litigation. Hal can also use one of the alternative dispute resolutions to mitigation the issue to maybe gain a better financial outcome than going through litigation. As stated in by Cheeseman (2010), arbitration and mediation can be alternatives to litigation and all three can give some of the same advantages. They both will be cheaper in the fact there is no lawyers involved and so therefore the cost of handling the complaint is cut but there is the cost of the arbitrator or mediator. Never the less the cost is cheaper than hiring...
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...dishonest for gain. Nonlinear Pro’s salesperson fraudulently secured a three-month lease agreement by presenting what appeared to be a delivery confirmation statement for signature. The lease agreement may be void because Janet Mason may not be authorized to make agreements on behalf of Quick Take Video (Pearson, 2011). The Advantages of Arbitration Arbitration is a method of conflict resolution that allows the parties in conflict to present their case to a neutral third-party subject expert. Because arbitration is an alternative to traditional litigations, the proceedings are less formal, and because the proceedings are less formal, the rules can be altered to meet the needs of the needs of parties. Unlike traditional litigation, the arbitration process is quick, and the matter is handled privately whereas traditional litigation is public record. It is important to understand that although arbitration is less formal, less expensive than traditional litigation, and private, arbitration is adversarial; only one side will win (Chessman, 2010)....
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...Traditional Litigation versus Alternative Dispute Resolutions Carla deRomano Bus. Law 531 October 3, 2011 Professor Gray Traditional Litigation vs. Alternative Dispute Resolutions Traditional litigation is the process of resolving disputes in the civil court system which is based on the adversarial approach a head-to-head battle in which one individual wins and the other individual loses. However now more commonly found in many cases is the utilization of Alternative Dispute Resolutions, also known as ADR. This discussion will briefly compare and contrast the traditional litigation with the nontraditional forms of ADR. Traditional litigation requires that a complaint be filed with the court, and then the plaintiff has a time period in which to respond to the complaint. This is usually followed by a pre-trial and then a trial in which each party is allowed to present their side of the case and either a jury or judge reaches a final decision as to the outcome of these proceedings. With this form of litigation there can be a high amount of time and costs involved for each of the parties concerned as well as the stress and emotional upheaval that can result during this process. Alternative dispute resolution can be much more efficient and less expensive than these traditional for of litigation. (Barron, 2011). Alternative dispute resolution can be achieved by utilizing a number of different approaches. Some of these approaches may include negotiation, mediation...
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...1) Explain Whether this situation is best handled by litigation or by a particular form of alternative dispute resolution Litigation and trail with a judge decision on who is right or wrong, where someone wins and someone loses is not always the best way to resolve a situation. However there are different ways or options available to resolve a situation. For example negotiation, mediation and arbitration. As the assistant human resources manager I will never want to use the litigation method because its disadvantage’s are way more than the advantages. First of all the litigation is time consuming, it’s a very complicated process, it needs to go through different steps and stages before the trail starts, it takes long time to complete the pre trail stages, its costly and financially draining and it takes three- four years to finish a case. So therefore in this case am going to use the negotiation and the mediation method to resolve the situation. The negotiation is the most basic means of setting differences. It is back and forth communication between the parties to the conflict with the goal of trying to find a solution. While mediation process is a voluntary process in which an impartial person (the mediator) helps with communication and...
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...the company. The traditional litigation system has some similarities and differences from non-traditional forms of Alternative Dispute Resolutions; also known as ADR. First litigation is the process of a lawsuit. The traditional litigation system can be very expensive and time-consuming that deals with a great deal of rules. The process of the traditional litigation system caused an alternative methods to be developed. These new methods fall under the name alternative dispute resolutions and tend to be less costly and time-consuming than the traditional method. Litigation The traditional litigation process is a long process because of all the steps a company must go through. There are also major risks that a company faces with using this traditional form. Even before the litigation begin there are steps that must be followed. There are the pleadings, discovery, dismissals and pretrial judgments, and settlement conference. All these processes delay the judgment, and a company may still need to go to trial. If a company can not get a summary judgment then the company may use of more time in jury selection in cases of jury trials. A jury may take weeks to decide an outcome, and there are always chances for appeals (Cheeseman, H.R., 2010). Alternative Dispute Resolutions Alternative dispute resolutions options are use because the traditional litigation systems can take a great deal of time and some cases can be settled through these alternative methods in less time and for...
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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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...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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...CONTRAST Traditional and Nontraditional Litigation Paper As an organization strives to achieve goals through such things as innovation, technology, and leadership; the threat of litigation can become reality which requires expertise and knowledge to effectively defend. For those organizations conducting business in the United States, conventional judicial and nonjudicial dispute resolution can be pursued based upon the circumstances within a lawsuit. The subject of this paper is to compare and contrast traditional litigation system with the nontraditional forms of alternative dispute resolution. Traditional Litigation System Traditional litigation system is one that is commonly portrayed in society as a formal process based upon the laws that govern under the Federal, State, and Local court systems. Typically, the plaintiff and defendant utilize the courts to decide the outcome of a case based upon evidence and testimony. This process can be complex which follows strict guidelines and procedures that must be adhered in order to honor the process and integrity of the applicable court. As a result, both parties typically retain the services of an attorney to direct all communication and documentation in an effort to accurately present a position or case. Nontraditional Forms Nontraditional forms is an substitute to the traditional litigation system which is commonly referred as alternative dispute resolution. Alternative dispute resolution has evolved in parallel...
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...Traditional and non-traditional litigation Glenda Jones Law 531 December 13, 2012 Dr. Yolanda Nimmer-Williams Traditional and non-traditional litigation Week, one objective is to compare and contrast traditional and non-traditional litigation. The legal resolution in the United States are divided into two types know as judicial dispute resolutions and alternative dispute resolution (ADR). When individuals or institutions have disputes, it is good to develop innovative tactics to resolve these issues in alternative ways. In this paper the comparison and contrast of traditional and non-traditional ligation outlines the differences between the two and the risk involved. Additionally, defining the characteristics of these two types of resolution to determine which litigation process offers a better solution of disputes between parties is disclosed. “Litigation is the process of bringing, maintaining, and defending a lawsuit (Cheeseman, 2010, p. 35)”. Traditional litigation requires an abundance of time and funds for each party. In addition there are many risk involved in the resolution of disputes and the process to which it takes to achieve harmonious results for the parties. Litigation Litigation also known as judicial dispute resolution is the process of how used to settle lawsuits in a court of law (Cheeseman, 2010, p. 35). One of the risk involved in the litigation process usually require a large amount of financial and time for the parties. In addition...
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...Alternative Dispute Resolution Law / 531 August 17, 2015 Jonathan Jamieson Quality Court Condominium Association versus Quality Hill Development Corporation is a dispute over damages associated with neglect in the construction of condominiums. The legal form of business of Quality Hill Development is a limited liability corporation. Quality Court Condominium Association is a group of condominium owners that came together to file suit against the construction company that caused all these damages. Another example of an Alternative Dispute Resolution case is Walls vs. Brewster. It was an example in February 1993 referred to arbitration because the case was ordered to a court annexed arbitration. This case is not a normal alternative dispute resolution. Alternate Dispute Resolution is normally a lot quicker than a full court litigation but this one was anything but that. It took a long time to complete because of there were two time extensions added to accommodate the defendant's inability to be present. Elective ADR is that which facilitates a discussion, which usually turns into a negotiation, but which does not produce a finding or judgment which can be imposed on either party. By elective ADR the parties will provide themselves with a forum in which to air their differences, but whether or not to settle them remains within their control (Griffiths 2010). Alternative Dispute Resolution is a more efficient system used to offer solutions to a dispute instead...
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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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...Traditional Litigation System Comparisons and Contrasts With Nontraditional Forms of ADR Steven M. Merkes LAW, 531 September 25, 2012 Andrew Van Ness 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...
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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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...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...
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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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