...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 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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...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 judgments, and settlement...
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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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...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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...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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...Nontraditional and Traditional Litigation LAW531 October 15, 2012 J. William Eshelman Nontraditional and Traditional Litigation In the world of business, the possibility of some sort of dispute is nearly impossible to avoid. Whether these disputes are internal between employees or between employees and a business, or externally between a business and other individuals or business, it is important to look at the different options available for dispute resolution. How disputes are handled can have a large impact on future business operations and potentially the survival of a business. Two ways to handle disputes are through traditional litigation or through alternate dispute resolutions. Litigation can be a long and expensive process. According to Cheeseman (2010), litigation consists of pretrial litigation, which includes pleadings, discovery, possible dismissals, pretrial judgments, and settlement conferences. If during this process, there is no settlement, the trial and possible appeal follow. This process can take months, if not years to resolve. According to the author, the process can “take years and cost thousands, or even millions, of dollars in legal fees and expenses” (Cheeseman, 2010, p. 35). Along with the financial implications of a lawsuit, the damage to the businesses reputation and “disruption to normal business operations” is a possibility (Cheeseman, 2010). Another option for businesses is alternate dispute resolution, or ADR. ADR offers businesses...
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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 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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...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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...Litigation and ADR LAW/531 Litigation and ADR Litigation is the bringing, maintaining, and defense of a lawsuit (Cheeseman, 2013). The two forms of litigation are traditional and nontraditional. Before a trial ensues the pretrial process must take its course and is divided into pleadings, discovery, dismissals, pretrial judgments, and settlement conference. These events are followed by the trial proceedings and appeals, if applicable. Nontraditional litigation includes alternative dispute resolution (ADR). The most common form of ADR being arbitration (Cheeseman, 2013). Other forms include negotiation and mediation. It is up to management to determine which form of litigation is appropriate for the organization. A pleading is the paperwork that is filed with the court to initiate and respond to a lawsuit (Cheeseman, 2013). The pleading process involves a few steps, including: the complaints, the answer, the cross-complaint, and the reply. Every lawsuit begins with a complaint. After the complaint is filed with the court an answer must then be filed by the defendant. In some cases, a defendant may file a cross-complaint, or countersuit against the plaintiff. The plaintiff must then file a reply. During the discovery period, both sides go on a fact-finding mission to state and/or defend their cases. Once these steps are complete, the trial is ready to be heard. If the trial requires a jury, voir dire takes place, otherwise known as “jury selection”. At the onset of the trial...
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...Traditional and Nontraditional Litigation Tina Posey University of Phoenix LAW531 June 21, 2012 David L. Wilson Traditional and Nontraditional Litigation People break laws, people do not agree, civil suits filed, and litigation begins. Litigation is closely identified with civil law or tort law and the bringing of lawsuits. Lawsuits are legally authorized controversies judged by a court of law, and when one individual sues another individual, they are engaging in litigation law. The purpose of a lawsuit is to remedy an injustice or to enforce a right (HG, 1995-2012). Litigation is a contest authorized by law, for the purpose of enforcing a right. Litigation is the process of bringing, maintaining, and defending a lawsuit (Cheeseman, 2010). Litigation usually involves representation by a lawyer, but a lawyer is not requried. The litigation begins by one person filing a lawsuit with the court. The process for litigation has steps the plaintiff and defendant must follow. The party who is suing begins by filing a complaint with the proper court. This party is known as the plaintiff. The plaintiff initiates the court proceedings, and the court issues a summons. A third party serves the summons and the complaint on the defendant to initiate the lawsuit. The defendant writes a written response to the complaint called an answer. The defendant files the answer with the court and served by a third party on the plaintiff (Cheeseman, 2010). In the defendants...
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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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