...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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...Nontraditional and Traditional Litigation Julia Salazar LAW/531 April 21, 2012 Michael T. Millar, JD Nontraditional and Traditional Litigation In the United States disputes can be settled through traditional and nontraditional litigation systems. The traditional litigation method utilizes the court in conflict resolutions. This process of conflict resolution is very complex, time consuming, and expensive. The traditional litigation is based on adversarial system of justice with prosecution and defense opposing each other in the civil court. The traditional litigation process consists of pretrial litigation, trial and appeal. “The pretrial litigation process can be divided into the following major phases: pleading, discovery, dismissal and pretrial judgment, and settlement conference” (Cheeseman, 2010, p.35). Under the traditional litigation process disputes can become protracted and very costly. The nontraditional litigation method is becoming more popular because of the expense and time consuming nature of the traditional litigation. The nontraditional method is also known as alternative dispute resolution (ADR). “The most common form of ADR is arbitration. Other forms of ADR are negotiation, mediation, conciliation, mini-trial, fact-finding, and using a judicial referee” (Cheeseman, 2010, p. 35). Quick Takes In the Litigation and Alternatives video Nonlinear Pro accused Quick Takes in defaulting...
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...Nontraditional and Traditional Litigation Patricia L. Northern LAW/531 January 10, 2013 Andrew Bethart Nontraditional and Traditional Litigation The video “Litigation and Alternatives” presented different legal issues seen. The foundation of the issue is that Quick Takes did not like the equipment from Nonlinear Pro. A signature on a delivery slip disguised as a lease contract was the basis of the $5000 payment. Both parties have brought forth their arguments to pay or not to pay and what would be the best method to do so. There are two systems in place for dispute resolution: the traditional system that includes litigation, pleadings, discovery, jury, and trials. These processes are time-consuming and very costly related to the complex rulings and the hiring of lawyers to navigate the process. The second system is non-traditional as it is alternative dispute resolution (ADR) and developed out of the frustration of bringing up a traditional lawsuit. These include negotiation, mediation, arbitration, and a newer trend of the mini-trial. The complaint filed by Quick Takes, their premise is that an oral agreement of trialing the equipment for a month was agreed upon. They were very unhappy with the equipment’s performance and sent it back prior to the month period. They had an employee spend three weeks trying to work on the equipment and also an employee suffered a laceration from the equipment that later became infected. Quick Takes can take the traditional...
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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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...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 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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...are not solved adequately by policies and procedures, a dispute needs to be settled. This can be done essentially in one of two formal ways, assuming all other potential solutions have been exhausted: court-based adjusdication and ADR (alternative dispute resolution) (Schroeder, 2011). Traditional litigation is a formal process with rules established by the various levels of government under the U.S. Constitution. Litigation is a legal procedure that is decided in a court of law and heard before a Judge, and sometimes a Jury. Litigation is adversarial, it is a battle between lawyers and strategies, and although the Judge is there to consider points of law and keep order, it is not necessarily the means to finding the truth of the matter. For example, one Criminal Court Judge in New York remarked, “I have nothing to do with justice…. Justice is not even part of the equation” (The Adversarial Legal System, 2010). Through the Court system, though, as long as the dispute is translated into legal issues, it can be decided in a court of law. This system allows the ceasing of certain actions, interpretation of documents (contracts, etc.), sue for money or property, or any number of issues. Litigation is more often than not quite expensive, sometimes so much so that many individuals cannot even afford to...
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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 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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...Legal Forms of Business Paper 531kjm LAW531 January 1, 2010 Abstract This paper looks at the various legal form of business. Each form of business is better suited to certain uses, and in this paper each form is matched with suitable business ventures. The different forms of business being examined are partnership, limited liability company, sole proprietorship, limited liability partnership, franchise, s corporation, and corporate form. Legal Forms of Business Paper Sole proprietorship is often preferred by individuals who are seeking to maintain managerial control. Ventures such as a small coffee shop, small restaurant, or a small store are good candidates for sole proprietorship. All of these generally have a low overhead, and are very unlikely to face liable issues. A sole proprietorship may also include the spouse of the individual who is standing as the sole proprietor (Ingram, 2012). A partnership has to be carefully considered. There are many things which might cause this venture to become a disaster. A partnership often begins with two individuals with the same interests, and common goals. In some cases the main reason for the partnership to begin is that one person has the ideas and the other has the financial wherewithal. Two physicians may form a partnership to cut down on the overhead of paying for individual leases for the property. In a partnership all partners are liable for the actions of the others. If one gets charged with malpractice...
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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 Nontraditional Litigation Paper Traditional Litigation System The traditional litigation system works to resolve disputes using the civil court system and may include aspects such as a trial, jury, and discovery. This system utilizes an adversarial system of justice that includes attorney’s representing clients. Attorneys provide legal advice by representing the positions of their clients through court hearings and procedures. Courtroom processing’s including a commencement of actions including a trial, all of which are administrated by detailed and formal rules of civil procedure. A trial in the traditional litigation system Nontraditional Litigation System The alternative dispute resolution (ADR) is another method to resolving disputes other than the traditional litigation system. Different forms of ADR exist to include arbitration, negotiation, and mediation hence all of which work to resolving disputes. The most common form of ADR is arbitration which can be compared to and contrasted to the traditional litigation system. Arbitration consists of parties using an impartial third party known as an arbitrator to listen to and decide upon issues up for dispute. Examples of issues that may require a third party to resolve a dispute include issues pertaining to labor union agreements, leases, franchise agreements, and other commercial contracts that may include arbitration clauses. When an arbitration clause does not exit, disputing parties can enter...
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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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...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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...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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