...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 Nontraditional Litigation Systems Candace Gilliom Business Law/LAW 531 December 3, 2012 Professor Tom Reardon The method of conveying, sustaining, and defending a lawsuit in a court of law is litigation or judicial dispute resolution (Cheeseman, 2010). Litigation something that can be lengthy and time consuming. Alternative Dispute Resolution or ADR is something that was thought of to reduce the need for lawyers and also as a way to solve problems before a 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). Trials usually consist of selecting a jury, the lawyers making their cases, closing the case and waiting for the jury to make a decision. This process can take months to years making it time consuming and expensive. Alternative Dispute Resolution (ADR) offers a quicker and less expensive method of resolution for the organization. ADR lets a third party negotiate and come up with a resolution prior to a trial or in place of a trial. ADRs most common form is arbitration (Cheeseman, 2010). Parties chose a neutral third party to decide the dispute. Parties are often bound in advance to agree...
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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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...ADR means Alternative Dispute Resolution Arbitration Process You may have encountered an arbitration clause in a contract and wondered what it is and whether you should be happy or upset about this clause. Or a colleague may have suggested to you that you include an arbitration clause in a contract, and you are wondering why this would benefit 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...
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...The Legal System and ADR University of Phoenix Law531 Michael Meeusen The Legal System and ADR Traditional litigation and ADR are two different ways to resolve a legal dispute. The use of traditional litigation takes you through a costly and lengthy trial before a judge and sometimes a jury. Whereas, ADR, also known as alternative dispute resolution, is a method of resolving legal dispute without going to trial. In the case of Rainy vs. Domino’s pizza, LLC traditional litigation was used but using ADR in the case may have been the better way to go. In the state court system this case would begin by the plaintiff, Paul Rainy filing a complaint. Then Domino’s pizza, LLC has to file an answer to the plaintiff’s case, which in this case they deny being vicariously liable for the plaintiffs’ injuries. The discovery process is the next step to state court system. At this point both parties will engage in activities to discover the facts of the case from all parties’ involved as well as witnesses (Cheeseman, 2013, p. 45). A deposition is one of many examples of discovery that can be used to provide detail in a legal dispute. In terms of a deposition a witness or party gives testimony pretrial, under oath, to be used as evidence during the actual trial. In the state court system the last step used before actually going to trial is a pretrial hearing or settlement conference (Cheeseman, 2013, p. 47). In this pretrial hearing both parties try to facilitate a settlement...
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...The Legal System and ADR Analysis LAW/531 March 03, 2014 Traditional litigation and ADR are two different ways to resolve a legal dispute. The use of traditional litigation takes you through a costly and lengthy trial before a judge and sometimes a jury. Whereas, ADR, also known as alternative dispute resolution, (Royal & Miles LLP, 2012) is a method of resolving legal dispute without going to trial. In the case of Rainy vs. Domino’s pizza, LLC traditional litigation was used but using ADR in the case may have been the better way to go. In the state court system this case would begin by the plaintiff, Paul Rainy filing a complaint. Then Domino’s pizza, LLC has to file an answer to the plaintiff’s case, which in this case they deny being vicariously liable for the plaintiffs’ injuries. The discovery process is the next step to state court system. At this point both parties will engage in activities to discover the facts of the case from all parties’ involved as well as witnesses (Cheeseman, 2013, p.45). A deposition is one of many examples of discovery that can be used to provide detail in a legal dispute. In terms of a deposition a witness or party gives testimony pretrial, under oath, to be used as evidence during the actual trial. In the state court system the last step used before actually going to trial is a pretrial hearing or settlement conference (Cheeseman, 2013, p.47). In this pretrial hearing both parties try to facilitate a settlement before the trial to prevent...
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...Legal System and ADR Analysis Law/531 Legal System and ADR Analysis Before we proceed with deciding the direction we should take going forward with this case, we will need to understand the cost and benefits of going through traditional litigation or through an alternative route. The magnitude of the case is not severe enough that we will need to take to the judicial court system but rather by utilizing an alternative dispute resolution. The higher we decide to take this up to the court, the more costly this will be on our company. To keep it minimal and resolve the dispute in a shorter period, utilizing one of the six different alternative dispute options would be the best route to take. Traditional vs. ADR In the traditional litigation process, there are many hurdles to overcome. First by filing the complaint and waiting to get an answer back from the accused party, because there may be some pushback, the defendant may decide to file a cross-complaint. Deciding to move forward with the traditional process is not only timely but costly. There are many steps to filing a complaint, that it will be easier and quicker to take this out of court. We also need to consider the probability of winning or losing the case, how much time and cost we’ll be investing and consider the unpredictability of the legal system. Not to mention, should we win in court, the defendant will still have the right to pursue...
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...organizations, there are already a number of policies and procedures that outline most of the ways people need to act toward one another depending on their role (e.g. supervisory versus employee, co-worker, etc.). However, since individuals differ in their ways of dealing with issues, reacting to one another, and in particularly in highly stressful situations there are times when formal policies are simply not enough to adequately handle each individual situation. When situations occur that 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...
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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 Litigation versus Alternative Dispute Resolutions Carla deRomano Bus. Law 531 October 3, 2011 Professor Gray Traditional Litigation vs. Alternative Dispute Resolutions Traditional litigation is the process of resolving disputes in the civil court system which is based on the adversarial approach a head-to-head battle in which one individual wins and the other individual loses. However now more commonly found in many cases is the utilization of Alternative Dispute Resolutions, also known as ADR. This discussion will briefly compare and contrast the traditional litigation with the nontraditional forms of ADR. Traditional litigation requires that a complaint be filed with the court, and then the plaintiff has a time period in which to respond to the complaint. This is usually followed by a pre-trial and then a trial in which each party is allowed to present their side of the case and either a jury or judge reaches a final decision as to the outcome of these proceedings. With this form of litigation there can be a high amount of time and costs involved for each of the parties concerned as well as the stress and emotional upheaval that can result during this process. Alternative dispute resolution can be much more efficient and less expensive than these traditional for of litigation. (Barron, 2011). Alternative dispute resolution can be achieved by utilizing a number of different approaches. Some of these approaches may include negotiation, mediation...
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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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...for 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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...Traditional and Nontraditional Litigation LAW/531 April 15, 2013 Traditional and Nontraditional Litigation In the United States, a traditional litigation refers to the process of bringing, defending and maintaining a lawsuit (Cheeseman, 2010). Traditional litigation goes through a structured process of answer, discovery trial and jury. Whereas the nontraditional litigation process, alternative dispute resolution, known as ADR is a more flexible, less expensive, not as time consuming, and confidential process. There are several forms of alternative dispute resolution, mediation, arbitration, negotiation, conciliation, mini-trial, fact-finding and utilizing a judicial referee. Arbitration and mediation are similar to where it is a form of negotiation and a neutral party settles the dispute. Negotiation is where the two parties negotiate to settle the dispute. A mini-trial is a shortened version of a traditional litigation trial. Fact-finding situations call for the parties to employ a third party to investigate the facts to come to a resolution. Lastly, a judicial referee is much like a mini-trial but both parties reserve the right to appeal. Ninety percent of cases are resolved through alternative dispute resolution (Harms, 2011). The next several paragraphs will identify risks associated with traditional litigation and the advantages of the alternative dispute resolution in reducing those risks. A Formal Process In a traditional litigation the process is very structured...
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...Subject: Typical State Court System (Prazen vs Shoop) A typical state court system is designed to hear and rule various legal disputes and consists of limited-jurisdiction trial court, general-jurisdiction trial court, intermediate appellate court, and a supreme court. Limited-jurisdiction trial court also referenced as inferior trial courts preside over small claims courts, municipal courts, and justice of the peace courts. General-jurisdiction trial court or courts of record require that all evidence and testimonies are recorded and saved for future review. Two divisions of court of records consist of criminal and civil courts and preside over major legal cases, such as felonies. Intermediate appellate courts, referred to as appellate courts or courts of appeal presides over cases that have been heard in courts of record and all or part of the trial records is submitted for review. The appellate court gives its decision based solely on the facts that support the evidence. The final and highest court layer is the state supreme court; in which cases must have been heard in appellate court and certain trial courts (Cheeseman, 2013). In most cases, a supreme court verdict is final. The case of Prazen vs Shoop was processed through the state court system. Joseph Prazen retired from the City of Peru’s electrical department as the superintendent at the bottom of 1998 (Illinois Court, 2014). Prazen was able to secure his pension of more than 32 years of service with...
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...Law and its application for settlement of disputes (highlights on ADR) Lecture |Largely ADR | |Two categories | Informal & indigenous mode of ADR formal or court-annexed ADR (As old as the society itself) (Since the decades of 17th in USA) USA-since 1970s, public talk- against civil justice system because of excessive delay, expense, inflexibility and technicality In a speech in 1976, Warren Burger (CJ) of USA discussed with the problem of delay, high costs unnecessarily expenses and diminish the velue of the judgment. CJ made several suggestions –reform, including giving a greater role to ADR. He urged for “divert litigation to other channels”, particularly the channel of Arbitration. ‘Multi-door Courthouse’ Burger Harvard (law professor) Frank E.A Sander proposed that court be transformed into “dispute resolution centers”, in which ‘the grievance would first be channeled through a screening clerk who would then direct him to the process most appropriate to his types of cases. The ‘dispute resolution centers’ would have a separate room for screening, mediation, arbitration, fact finding, malpractice, a civil court and an ombudsman. ADR history in Bangladesh (To be traced two different view points) 1. History of informal (shalish) and quasi-formal (village court) ADR: Informal ADR is as old as the society itself. Shalish is a non-state justice system and a reformed version of shalish is being...
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