...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 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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...Nontraditional and traditional litigation Lareina Mirabella Law/531 April 29, 2013 Mike Kelley Nontraditional and traditional litigation Traditional litigation is settling a dispute in a civil court system. This system could use trial with jury, and judgment. The traditional system is an adversarial system of justice and clients can be represented by lawyers who provide legal advice for their clients in the court hearing. The courtroom procedures may include a trial and abide by formal rules of governing civil procedures. A trial is part of the system. Alternative dispute resolution (ADR) is disputes outside the traditional litigation. Types of ADR’s are arbitration, negotiation, and mediation. These are all used to resolve disputes. The most common use is arbitration. Arbitration is made up of parties using an impartial third party known as arbitrator to listen to and decide on issues that are in dispute. This could include disputes over collective bargaining unit agreements, leases, and business contracts that include arbitration clauses. When an agreement is reached in arbitration a settlement agreement is written. All the parties must sign the settlement agreement then it is submitted to the court, and the case is usually dismissed. Negotiation may be the simplest type of ADR because it brings together everyone to resolve the issue. When negotiation is used the parties will reach a voluntary settlement with discussions. Negotiations can take place from before lawsuit is...
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...RUNNING HEAD: COMPARE AND 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...
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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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...Traditional and Nontraditional Litigation Alina Hovhannisyan LAW/531 April 16, 2012 Young Jenkins Traditional and Nontraditional Litigation In the United States there are two broad types of legal resolution: traditional litigation (judicial dispute resolution) and nontraditional forms of alternative dispute resolution (ADR) (Cheeseman, 2010). Most cases will never go to trial, so understanding alternative methods of dispute resolution is just as important as understanding the traditional litigation system. In this paper I will compare and contrast the traditional litigation with ADR identifying the risks different organizations encounter when dealing with traditional litigation. Additionally, I will determine where ADR might be a more appropriate measure to reduce those risks. Cheeseman (2010) defines litigation as “the process of bringing, maintaining, and defending a lawsuit” (p. 35). Before the trial, there is pretrial litigation, which consists of several phases (pleadings, discovery, dismissals, pretrial judgments, and settlement conference). Dealing with the court system the businesses and other organizations often encounter the risks of spending too much time and money as well as disruption of business operations. To avoid or reduce those risks the business managers use different forms of ADR in contract and commercial disputes (Erickson & Bowen, 2005/2006). “Arbitration, negotiation, mediation, conciliation, mini-trial, fact-finding, and using a judicial...
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...Law 531- Traditional and Nontraditional Litigation Marilyn University of Phoenix Carol Parker Monday July 30, 2012 Nontraditional and Traditional Litigation Most cases will never go to trail, so in order to have a better understanding one must also understand alternative methods of dispute resolutions that are just as important in understanding the traditional litigation system. The goals set between both traditional and nontraditional litigation is to reach a simple resolution, but yet these methods use a reach of different types of resolution. The intent of this paper is to help understand the comparison and contrast of the traditional litigation system with the nontraditional forms of alternative dispute resolution (ADR). Compare Cheeseman (2010) defines litigation as “the process of bringing, maintaining and defending a lawsuit (p.35).” In resolving a dispute the desired outcome of the traditional litigation or also called the judicial dispute resolution and nontraditional litigation or ADR. However, it is not necessary that an attorney in both forms of litigation usually typically represent plaintiffs and defendant. A third party is the one that typically decided the outcome of a given dispute. For example, in the judicial dispute resolution, the dispute is decided upon the judge or a selected jury. In the case of ADR a third party helps in the parties resolution and helps in making a decision. The third party usually severs as an arbitrator, mediator, judicial...
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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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...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 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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...Individual Traditional and Nontraditional Litigation Paper Review the assignment described below. Write a paper of no more than 700 words in which you compare and contrast the traditional litigation system with the nontraditional forms of ADR. Post under the Assignments’ link on Monday, Day 7. Traditional Litigation Traditional litigation occurs when an attorney or lawyer decides he or she has a strong enough case for the case to be heard in court. The traditional litigation could be beneficial to various cases, but it would depend on what the case involves and why. For many years attorneys have prepared cases to be heard by a judge; but this option takes more time and could not always end in one’s favor. A trial is a formal process could be more expensive, the case would be heard by a judge, a result is given, and the judgment is enforced by the legal court system. Traditional litigation can create a hostile environment for both parties. Therefore the ADR is more likely that both parties may remain friendly and develop a decision together rather than them given a judgment he or she must abide by. Alternative Dispute Resolution In most cases attorneys opt to use the ADR and the use of the Alternative Dispute Resolution is that the benefits are crucial to a case. The ADR is not as formal as the traditional litigation, less expensive, and has a must faster resolution. The ADR process is not heard by a judge but an arbitrator or mediator. Unlike the...
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...Traditional Vs. Nontraditional Litigation Nirali Patel LAW 531 March 26, 2012 Robert Reimer Traditional Vs. Nontraditional Litigation According to Cheeseman (2010), “Litigation is a process of bringing, maintaining and defending a lawsuit.” The litigation process involves resolving disputes in the court by taking an argumentative approach to prove the point. The litigation process has different phases – pleading, discovery, dismissals, pretrial judgments, settlements conference. In the litigation process the court decided the case in which one party wins over the other or the case or dispute is dismissed. Many times the cases do not go to trial because the parties may decide to use Alternate Dispute Resolution (ADR). According to Cheeseman, (2010), “ADR are methods of resolving disputes other than litigation.” ADR methods include arbitration, negotiation, mediation, conciliation, mini-trial, and fact-finding. The discussion in this paper will compare and contrast between the traditional and nontraditional litigation. The process of traditional litigation starts by pleading in which a complaint is filed in the court by the plaintiff. The defendant is served with a summons and the copy of the complaint. The defendant is given a certain period to answer to the complaints filed by the plaintiff. The defendant can also file a counter compliant if he or she decides to countersue...
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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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...Abstract In this essay the reader will be able to identify the legal disputes presented in the Litigation an Alternative Video. The paper will converse the difference between the traditional litigation system and the nontraditional forms of Alternative Dispute Resolutions (ADR) which will include the risks that a company may encounter should they proceed with traditional litigation, when nontraditional ligation is appropriate to practice to avoid those risk. Alternative disputes presented, such as arbitration, mediation and min-trial are compared to determine which form will be more beneficial to the company. Forms Litigation Litigation is the process of bringing, maintain, and defending a lawsuit (Cheeseman 2012). Over the year’s traditional litigation has been the most popular form to use. Traditional Litigation such as a trail are time consuming, expensive and challenging, and must comply with the law. For that reason alternative dispute solution (ADR) has become popular. There are several forms of nontraditional litigation such as, mediation, arbitration, negotiation, etc. Arbitration the process of both parties selecting a neutral third party to listen to evidence presented and makes a decision. Arbitration is the best alternative to use when the parties do not get along and have no chance of becoming longer term business partners. The parties’ involved in the dispute have the option of selecting an arbitrator, submitting evidence, and written opinions. It is important...
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...Litigation and Alternative Dispute Resolution The focus of this paper is to compare and contrast the traditional and nontraditional litigation system in the form of ADR. Litigation is the traditional approach to resolving disputes in civil matters. Today, many businesses or organization are realizing that the costs of the litigation have become the major problems. To defend a lawsuit can create hundreds or thousands of dollars in legal costs even when the lawsuit is already dismissed. However, ADR is a cost-effective substitute to traditional litigation system, which is afflicted by delays and high costs. Currently, many organizations are now realizing significant decrease in legal costs through the use of ADR tools instead of traditional litigation system. With litigation, an injured party files suit against a party alleged to have caused the injury. The litigation process follows the formal rules of civil procedure in the jurisdiction that affect the methods of gathering and producing evidence. If the parties do not arrive at a settlement, a judge will decide the matter following a trial. Alternative dispute resolution (ADR) provides an alternative to litigation, and involves negotiation, mediation, or arbitration. The parties may negotiate directly to reach a settlement or may use mediation in which the parties agree to meet with a mediator who facilitates the negotiation. The mediator has no power to impose a settlement on the parties. With arbitration, the arbitrator...
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