...Traditional and 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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...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 Non-Traditional Litigation Paper LAW/531 Traditional and Non-Traditional Litigation Paper Over the past few years the United States economy and workforce has undergone some drastic and critical changes, which has put a significant amount of focus on what is considered fair and just. Many of the changes that American people have experienced, in recent years, has fueled a variety of disputes and kept our court system considerably active. There are numerous conflict resolution methods available in the U.S., however the judicial dispute resolution process is most common. While this method is the most accepted way to handle conflict, there are also various alternatives to this. The following paper will attempt to compare the traditional and non-traditional forms of conflict resolution in the United States. Judicial Dispute Resolution Judicial dispute resolution is the process of using the court system to resolve a dispute. To begin this process an individual or business must file a complaint with the appropriate court that details the parties involved, the facts of the case including the alleged violation, and the anticipated resolution. After this complaint is filed, the party initiating the process becomes the plaintiff and the accused becomes the defendant. The court will then issue a summons for the defendant to respond to the complaint, and the plaintiff must have the defendant presented (also known...
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...Running head: OPTION 1 Compare and Contrast traditional litigation with non-traditional Option 1 Law/531 MJ Meade May 24, 2011 Judge Gregory P.Holder Society is familiar with litigation and its ramifications. One hires an attorney and files a lawsuit requiring the other to hire an attorney and defend the lawsuit. Litigation is expensive, time consuming, emotionally draining and unpredictable. With litigation, you never know the outcome until a judge or jury decides. Alternative dispute resolution, including arbitration and mediation, has been gaining popularity as a method to resolve some of the shortcomings of litigation. Arbitration and mediation are alternatives to litigation and sometimes used in conjunction with litigation to attempt to avoid litigating a dispute to its conclusion. Arbitration and mediation use a neutral third party. Both can be binding; however, it is customary to employ mediation as a non-binding procedure and arbitration as a binding procedure. Arbitrators act similar to a judge d making decisions about evidence and giving written opinions, which can be binding or non-binding. Arbitration is conducted with one arbitrator. The most common procedure is for each side to select an arbitrator and for those two arbitrators to select a third arbitrator. The dispute is presented to the three arbitrators chosen, with a majority of the arbitrators rendering a written decision. Mediation, on the other hand, is conducted before a single mediator who...
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...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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...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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...Week 1: Traditional and Non-traditional LAW 531 Introduction Disputes are inevitable in the business world but how a company handles these disputes can determine the profitability of 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 ...
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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 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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...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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...Traditional and Non-traditional Litigation Traditional and Non Traditional Litigation The litigation process is the bringing, maintaining, and defense of a lawsuit that normally takes place in a courtroom to determine the outcome of the case on either party. Businesses and organizations encounter many risks when dealing with the traditional litigation system. The litigation process encounters various risks that include expensive costs, confidentiality issues, bankruptcy, and that it is time consuming. Legal representation although not required with litigation is expensive. Businesses that use the traditional litigation system face the risk of damaging the customer’s relationship with the corporation if the level of confidentiality is reduced with the increase in the number of litigation cases reported with relation to its functioning. This could eventually affect the output realized by the corporation and the sales volumes and may reduce with time. Businesses are exposed to the danger of being closed down if the litigations against it declare it bankrupt. The litigation process is time- consuming and the process of handling...
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...Nontraditional and Traditional Litigation There are several differences between the traditional and non-traditional litigation systems. First, the traditional litigation system is time-consuming. To have a fair judgment to the plaintiff and the defendant, the court gives equal opportunities to both sides to complain and defend. More documents and more evidences, including witnesses will be brought into the jury when the case is processing. It can take years to process a case through traditional litigation systems. On the contrary, the conclusion can be made quickly through ADR. When the plaintiff and the defendant chose to go to ADR instead of the trail, it means that both of them are willing to resolve the disputes. Therefore, with the intervention of the third party, such as arbitration and mediation, the settlement can be made easily. Second, it costs a large amount legal fees and expenses when a case goes through the court system because of the complexity of the procedures. However, the costs of legal fees can be reduced through ADR because the process becomes much simple to come up a decision. Finally, it is more private if a case goes through ADR. Unlike the court system, ADR does not require to open to the public but only to involve limited people to settle down the agreement. Above all, people can choose either traditional or non-traditional litigation system to have the most benefits when go through lawsuits. In the scenario of Quick takes and Non-linear, both of them...
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...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...
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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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