...Traditional and Non-traditional Litigation In this paper I will compare and contrast traditional litigation systems to non-traditional forms of ADR (Alternative Dispute Resolution). Traditional litigation is where both parties use the court system to try to resolve their dispute, while ADR is the process of resolving a dispute outside of the court system. In this paper I will look at the pros and cons of using each type of litigation process. I will also look at the risk that business and other organizations encounter when dealing with traditional litigation and where ADR might be a more appropriate measure in order for business mangers to reduce those risks. Traditional Litigation Traditional litigation is handled through the court system. Each party has an attorney who is an advocate and argues their side’s position. All negotiation occurs through those attorneys and most cases end in an agreement. With this kind of litigation, if an agreement is not reached at the end of the negotiation, then the parties can turn to a judge who can make a final decision after a court proceeding or hearing. During this hearing, the parties attorney’s will present evidence and make and argument to the judge. ("Karen Julian Law", 2008). Some advantages of using traditional litigation are you have the advice of your attorney or counsel as to what the state laws are, their assistance in what is the correct action to take, and the ability to get a resolution through the court if the parties...
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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 and Nontraditional Litigation Paper MGT/521 Traditional and Nontraditional Litigation Paper An organization has to have a law department in charge of the resolution and the management of legal resources and services at all levels of the organization. They should work for the legal benefit of the company and their employees looking for the best and better ways to resolve their internal and also external conflicts. “The bringing, maintaining, and defense of a lawsuit are generally referred to as the litigation process or litigation (Cheeseman, 2010, p. 35)”. Traditional are suit, answer, discovery, trial, and jury. Business organizations have at their disposal traditional and non-traditional forms of dispute resolution to remedy causes of action in settling litigation processes. A variety of traditional and non-traditional litigations forms exists according to the context of the case involves a plaintiff, a defendant, a judge, and sometimes a jury. Litigation is a conflict of interest or rights between two or more parts, which elucidate in judicial proceedings where there is a claim for damages or managerial irregularities and the opposition. Its use is more extensive in legal disputes of a civil, commercial or administrative nature and not so much in criminal trials. Litigation is a difficult, expensive and time consuming traditional process of incorporate, continue, and defend...
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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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...Litigation and Alternatives Wilma McDonald LAW 531 August 14, 2012 Candice M. Deisher, Esq. Litigation and Alternatives The video “Litigation and Alternatives” features a dispute between Quick Takes Video (Quick Takes) and Non-Linear Pro (Non-Linear), which involves the use of a new video editing system. Quick Takes stated that the verbal agreement with Non-Linear consisted of using the new editing system for a three-week trial period. Non-Linear stated they have a signed lease agreement with Quick Takes for a minimum of three months. Non-Linear presented Quick Takes with an invoice in the amount of $5,000, which Quick Takes refuses to pay because of the inefficiency of the editing system and its belief that a lease agreement was never agreed upon (University of Phoenix, 2012). Both parties have options for resolving this matter. This paper serves to discuss the traditional litigation system and the nontraditional forms of Alternative Dispute Resolution (ADR) to gain a better understanding of the benefits and risks for both Quick Takes Video and Non-Linear Pro. Traditional litigation normally involves a substantial amount of time, unwarranted publicity, and detail-oriented tasks...
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...TRADITIONAL VERSUS NONTRADITIONAL LITIGATION Disputes between parties will happen. Resolving disputes quickly and efficiently is key. Understanding the traditional litigation system and alternative methods of dispute resolution is important. The goal of both traditional and nontraditional litigation is the same: resolution. The purpose of this paper is to compare and contrast the traditional litigation system with alternative dispute resolution (ADR). Compare Cheeseman (2010) defines litigation as “the process of bringing, maintaining, and defending a lawsuit” (p. 35). In either traditional litigation or ADR, an objective third party decides the outcome of the dispute. In traditional judicial dispute resolution, a judge or jury reaches a verdict. In ADR, a third party typically decides upon a resolution or facilitates an agreement whereby the parties reach an agreement through compromise. This third party can take the form of arbitrator, mediator, judicial referee, or conciliator. The type of third party used and the method of reaching an outcome in ADR is determined by the earlier contractual clause, or at the election of the disputing parties. (Cheeseman, 2010). Contrast The judicial litigation process can be time-consuming, public, and expensive. Before a case goes to trial, the parties engage in a pretrial litigation process. This process includes “pleadings, discovery, dismissals and pretrial judgments, and settlement conference” (Cheeseman, 2010, p. 35). If...
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...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, however other...
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...Traditional and Non Traditional Litigation Law 531 Tarun Adams The purpose of this paper is to compare and contrast the traditional litigation system with the nontraditional forms of Alternative Dispute Resolution (ADR). 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.” Alternative Dispute Resolution (ADR) is defined as “methods of resolving disputes other than litigation.” By far the most common form of ADR is arbitration, however other types of ADR exist such as negotiation, mediation, conciliation, mini-trial, fact-finding, and the use of a judicial referee. “ Negotiation is a procedure whereby the parties to a dispute engage in negotiations to try to reach a voluntary settlement of their dispute.” Mediation is another type of negation in which all parties involved in the issue select and agreed to use neutral third party that assumes the role of an intermediary that between both parties. The sole purpose of this intermediary is to facilitate a settlement between the parties. If an accord is reached by the disputing parties, then a settlement agreement is written and executed by the parties. Conciliation is a method of ADR frequently used when the parties involve do not wish to face each other in a confrontational venue. In this method an interested party known as a conciliator assists the party’s...
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...Traditional and Nontraditional Litigation Paper Jason Alexander Augustus LAW 531 March 11, 2013 Teb Bowman Traditional and Nontraditional Litigation Paper The litigation and alternatives video was is an instructive and compelling case for demonstrating various legal precedents. The scenario dealt with a contractual disagreement between a business and a company named Non-Linear Pro, the dispute is between the implied verbal agreement for a trial of a video editing system and a contract signed by Janet for a three-month lease. One of the primary issues in the video had to do with agency theory and tort. The options for resolution of the dispute are arbitration, mediation, mini trial, or trial. The principle in this case Quick Takes Video had a verbal agreement with Non-Linear Pro to have a three week trial of a video editing system, but when the equipment was delivered a delivery person presumably handed Janet a contract for a three month lease. As an employee of Quick Takes Video Janet signed the contract, which could legally bind Quick Takes Video into the lease contract and subsequently be held liable for breach of contract. A major question to be answered is whether the verbal agreement that was initially made between the two firms was binding as a contract, or if the lease agreement was made in good faith. The resolution strategies available to the two firms include mediation, arbitration, mini-trial, and court hearing. The arbitration option is optimal for both...
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...[pic] Course Syllabus Law 531 Business Law Course Start Date: 11/13/12 Course End Date: 12/24/12 Please print a copy of this syllabus for handy reference. Whenever there is a question about what assignments are due, please remember this syllabus is considered the ruling document. Copyright Copyright ©2009 by University of Phoenix. All rights reserved. University of Phoenix© is a registered trademark of Apollo Group, Inc. in the United States and/or other countries. Microsoft©, Windows©, and Windows NT© are registered trademarks of Microsoft Corporation in the United States and/or other countries. All other company and product names are trademarks or registered trademarks of their respective companies. Use of these marks is not intended to imply endorsement, sponsorship, or affiliation. Edited in accordance with University of Phoenix© editorial standards and practices. Course Description This course prepares students to evaluate the legal risks associated with business activity. Students create proposals to manage an organization’s legal exposure. Other topics include the legal system, alternative dispute resolution, enterprise liability, product...
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...mandatory arbitration provisions that are legally binding and enforceable. In addition, almost every court or administrative agency empowered to hear cases now requires mediation as part of the formal adjudication process (Spangler, 2003). Abstract: Arbitration plays a crucial role in commercial procurement. Ideally, solid contractual agreements would alleviate disputes between parties. In most cases, disputes result from the terms of the contract rather than the actual contract itself. Arbitration offers dispute resolution that eliminates the need for costly litigation and time-consuming disputes in the courtroom. This paper considers the role of arbitration in contracted procurement. Additionally, it considers alternative dispute resolution (ADR) as a whole as arbitration is a subset of ADR and will discuss their relative advantages and disadvantages in comparison with traditional litigation. The aged concept of arbitration has recently begun to reach tremendous levels of popularity in the acquisition realm. Dictionary.com defines arbitration as, “the hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them”. Solving disputes through arbitration is by no means a modern concept. The first modern arbitration statute in the United States was enacted in 1920; New York State Arbitration statute. History, however, dates arbitration back to the famous Athenian law maker Solon...
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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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...MULTIMEDIA UNIVERSITY OF KENYA AUTO-LITIGATION SYSTEM EVANS ODONDO ODUOR IST-221-028/2012 3RD YEAR SEMESTER 2 SUBMITTED ON 10TH APRIL 2015 Name of the supervisor Signature of the supervisor TABLE OF CONTENTS CHAPTER 1: INRODUCTION……………………………………………………3 1.1 Background study………………………………………………………..3 1.2 Problem Formulation and solution……………………………………....3 1.2.1 Problem Definition…………………………………………4 1.2.2 Justification…………………………………………………4 1.2.3 Objectives…………………………………………………..4 1.2.4 Scope………………………………………………………..5 1.2.5 Research Questions…………………………………………5 1.2.6 Basic Assumptions of Study/Project………………………..5 1.2.7 Basic Limitations of Study/Project………………………….5 CHAPTER 2: LITERATURE REVIEW…………………………………………..6 2.1 Introduction……………………………………………………................6 2.2 Review of Relevant Literature and Opinion…………………………….6 2.3 Existing Systems………………………………………………………...7 2.4 Re-Definition of Problem………………………………………………..8 CHAPTER 3: RESEARCH METHODOLOGY………………………………....8 3.1 Participants………………………………………………………………8 3.1.1 Leading/senior counsel…………………………..……………8 3.1.2 Junior Associate Attorney………………………..……............8 3.1.3 other non-legal staff……………………………..……………8 3.2 Research Design…………………………………………………………8 3.2.1 Descriptive Design……………………….….………………...8 3.3 DATA COLLECTION…………………………………………………9 3.3.1 Interviews………………………………………………………9 3.3.2 Questionnaires…………………………………………….........9 3.3.3 Literature Review………………………………….…………..10 3.4 DATA ANALYSIS……………………………………………………….10 2 3.5 RESOURCES...
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...with a family member, friend or neighbour, or a legal dispute involving business. There are three main ways as alternatives to going to court to resolve a dispute in China: negotiation, mediation and arbitration, they are ADR. ADR means “Alternative Dispute Resolution” and it refers to various processes, commonly used in civil law tradition, which have in common the aim of a better communication between the parties during a dispute and the saving in managerial and legal time, expense and worry (Bevan, 1992). We can clearly distinguish the advantages of the ADR, comparing to the formal dispute settlement at court. ADR processes are quicker, as they can be arranged within days or weeks rather than months or years (example of one case in litigation). They are also less expensive, as earlier settlements save managerial time and they are confidential. They are voluntary, which means that the parties are free to walk out every time without interfering the legal procedures and their rights (Bevan, 1992). Mediation, one of the most used ADR, involves a neutral third party, called a mediator, to help the disputing parties to reach an agreement. Mediation in China has been existed in China for more than 2,000 years. It was used in the Western Zhou Dynasty (1146 BC-771 BC) and then used during the Qin Dynasty (221 BC-207 BC). There was always a preference for mediation throughout all the history of Imperial China. The mediation system and the legal system were developed together after the...
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...The Effective Application of Technology Can Save Money and Help Win Cases People say that we live in a litigious society. There is some truth to that. Litigation often comes unexpectedly, is costly, messy and the outcome isn’t always predictable. But as business concerns, we strive to understand our costs and factor them into comprehensive models to assure profits. The role of in-house counsel has grown in recent years in an effort to become more proactive in limiting exposure and controlling the costs which can threaten profits. Much of this effort is focused on managing outside counsel to improve adherence to case budgets. However, there has been a reluctance to provide the tools to the outside counsel that can truly enhance efficiency, particularly within the area of discovery. This article will provide an understanding of how new tools and procedures can help to make the litigation process more efficient. Perhaps even more importantly, we show how these tools will provide a better understanding of potential liability earlier on to enable better decision making, more predictability and even help promote economies of scale in the ongoing battle to contain legal costs. One of the areas of largest expense is discovery: the identification, acquisition, management and analysis of evidence. Today, evidence takes many forms: paper, electronic files, different media, as well as testimony and a panoply of case specific formats. As the volume of this evidence grows it becomes more difficult...
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