Premium Essay

Traditional and Non-Traditional

In:

Submitted By turtledove325
Words 965
Pages 4
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 Alternative dispute resolutions options are use because the traditional litigation systems can take a great deal of time and some cases can be settled through these alternative methods in less time and for less overall costs. There are many alternative forms these include arbitration, negotiation, mediation, conciliation, and among others (Cheeseman, 2010). These methods can save

Similar Documents

Premium Essay

Balancing Values, Responsibilities and School for a Non-Traditional Student

...Balancing Values, Responsibilities and School for a Non-Traditional Student Jwendoline Hernandez Foundation for General Education and Professional Success GEN/200 April 28, 2014 Jillian Folger Values and Responsibilities Everyone at a very young age has values and responsibilities instilled in them. They are life lessons, principles and rules we are expected to live by. Ranging from how to live, what is right from wrong, how to treat ourselves and one another. Notwithstanding, as each lives their own lives each develops their own values and duty, amending old and creating new ones. Taking ownership of the consequences from the choices, decisions and actions one makes is considered by many as having personal responsibility. Traditional versus Non-Traditional Students Nowadays, it is more common to see individuals well in their years returning to school after having their own families and having professional experience under their belt. For many weighing their professional ambitions and family duties. Forbus, Newbold, Mehta (2011) conducted a research that reflects on the differences between the traditional and the non-traditional students’ expectations for the college experience. Noting that the non-traditional differ in interest, social activities, and levels of motivations from their counterparts. For the most part any college student, be it the traditional high school graduate or the non-traditional, have set goals entering postsecondary education. The...

Words: 1415 - Pages: 6

Premium Essay

Traditional and Non-Traditional Litigation

...Traditional and non-traditional litigation Glenda Jones Law 531 December 13, 2012 Dr. Yolanda Nimmer-Williams Traditional and non-traditional litigation Week, one objective is to compare and contrast traditional and non-traditional litigation. The legal resolution in the United States are divided into two types know as judicial dispute resolutions and alternative dispute resolution (ADR). When individuals or institutions have disputes, it is good to develop innovative tactics to resolve these issues in alternative ways. In this paper the comparison and contrast of traditional and non-traditional ligation outlines the differences between the two and the risk involved. Additionally, defining the characteristics of these two types of resolution to determine which litigation process offers a better solution of disputes between parties is disclosed. “Litigation is the process of bringing, maintaining, and defending a lawsuit (Cheeseman, 2010, p. 35)”. Traditional litigation requires an abundance of time and funds for each party. In addition there are many risk involved in the resolution of disputes and the process to which it takes to achieve harmonious results for the parties. Litigation Litigation also known as judicial dispute resolution is the process of how used to settle lawsuits in a court of law (Cheeseman, 2010, p. 35). One of the risk involved in the litigation process usually require a large amount of financial and time for the parties. In addition...

Words: 785 - Pages: 4

Premium Essay

Traditional and Non Traditional Litigation

...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...

Words: 692 - Pages: 3

Premium Essay

Traditional and Non-Traditional Ligitgation

...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...

Words: 878 - Pages: 4

Premium Essay

Traditional and Non-Traditional Families

...Topic; Non-traditional families are becoming the new normal in the United States. Discuss and compare the traditional family and non-traditional families. Family pattern has changed greatly due to industrialization and urbanization since the nineteenth century. Another factor which has been involved in those changes is the growing intervention of the state, by legislative action, in the domestic affairs of the family. As a result of these trends, the modern “nuclear” family has been substituted for the traditional extended family. The increase of values such as individualism and egalitarianism has influenced the patterns of modern family. Although traditional and modern families share similarities in terms of constitutional concept and milieu of love and care, they have several differences in term of family size and gender roles. Traditional and modern families share a lot of similarities. As the traditional family was, modern family is still an institutional component of western societies. In other words, both are a “unit structure” or “basic organism” of which society is composed. As an institution, traditional and modern families similarly have to complete functions such as procreation and socialization of children. For example, even though the modern family has decreased in size, it is still the common environment where children are born; receive a moral education, where their tendencies are disciplined and where their aspirations are encouraged. Therefore, to reassure...

Words: 840 - Pages: 4

Premium Essay

Traditional and Non Traditional Litigations

...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...

Words: 634 - Pages: 3

Premium Essay

Traditional and Non Traditional Business Law

...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...

Words: 534 - Pages: 3

Premium Essay

Traditional and Non-Traditional Litigation Paper

...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...

Words: 726 - Pages: 3

Free Essay

Non Traditional Fundraising

...funding needs for PHA the best. Write a 200- to 300-word summary detailing the three fund-raising strategies you employ. Post your final answer as a Microsoft Word attachment The first form of non-traditional fund raising is Crowd funding which is the collection of finance from backers or the "crowd" to help fund an organization and usually occurs on the internet. The organization could be a nonprofit campaign (e.g. to raise funds for a school or social service organization), or a charitable campaign like an emergency fund for a sick person. Crowd funding models involve a variety of participants. They include the people or organizations that propose the ideas and/or projects to be funded, and the crowd of people who support the proposals. Crowd funding is then supported by an organization which brings together the person who initiates the program and the crowd. Another form of non-traditional fund raising is selling of assets. This is where the organization sells the furniture and equipment that it doesn’t use to generate monies to help run the organization. This is beneficial because the other option is to get rid of it and not make any money on it, it’s like a yard sale, you may not get full price but you can make some money on it. The last form of non-traditional fund raising that I chose is client donations. This is usually overlooked because it is a human services agency that is helping the homeless, people who don’t have anywhere to live. The idea is to...

Words: 350 - Pages: 2

Premium Essay

Non-Traditional Marketing

...Non-Traditional Marketing On the one hand it is true that non-traditional marketing can offer great opportunities and has shown great results. It has many advantages that I already listed and mentioned in the answer 1 and 2. Among all other big advantage, non-tradional marketing enable marketers to attract consumer’s attention which is really imported. Moreover the brand is not the one directly communicating on the product: journalists, medias, or consumers will do the job communication for the brand which makes the communcation message even more credible! But on the other hand, I think traditional marketing should still be taken into consideration while preparing the future communication strategy of BMW, especially because of all the drawbacks non-traditional communication entails. Non-traditional communication is quite risky. In fact even if the investment is lower compared with traditional communication tools it doesn’t mean the investment will be more profitable. The efficiency and the success of the campaign is quite uncertain. What if the film is a flop? (see example on exhibit 11 and compare it to the investment on exhibit 14). Actually it is really hard to predict if this is going to work or not. It might be better to prepare a plan B using traditional marketing. Even worse, using non-traditional marketing can do more harm than good to your brand.Like explained above, the marketers do not have a perfect control on it: medias or viewers might not like your product...

Words: 294 - Pages: 2

Free Essay

Non Traditional Art

...Janet Cardiff Forty part Moet, 2001 Janet Cardiff, like other artists in her generation, has chosen to work in a variety of media, including video, installation and recorded sound. Janet Cardiff and her husband George Bures Miller currently live and work in Berlin, Germany and often do art works together. Cardiff's "Forty Part Motet" won the National Gallery of Canada's Millennium Prize in 2001. This installation was a reworking of the renaissance choral music "Spem in Alium" by the English composer Thomas Tallis (1514 - 1585) the 40-part choir was designed to mark the 40th birthday of Queen Elizabeth I. The forty voices are grouped into eight choirs of five voices. Each voice was recorded separately and is played back through 40 separate single loudspeakers. This brilliant sound sculpture was positioned specifically throughout the space. . Janet Cardiff is one of Canada's most important artists. Her sound installations have been shown across Canadian places such as in the NGC’s Rideau Chapel, it’s originally showing at Newcastle and also in a large gymnasium at the Trinity-St. Paul’s Centre and around the world. Janet Cardiff said "Most people experience this piece now in their living rooms in front of only two speakers, even in a live concert the audience is separated from the individual voices. Only the performers are able to hear the person standing next to them singing a different harmony. I wanted to be able to climb inside the music." The work allows the audience...

Words: 789 - Pages: 4

Free Essay

Non-Traditional Marketing

...Non-Traditional Marketing 1. Disney Parks The ads is about mimicking any movements that the other side is doing, so when someone is walking by this wall, there will be silhouette of his/her movements, but this time the one who’s mimicking are the Disney’s characters from Disney Park. The Plot : Before the mall open, they prepared the set to make it look like the usual store in mall. In lunch time, they begin with imitating people walking by the wall, at first people didn’t recognize this, but as the time goes by people start to wonder what’s going on. After a while, some kids already found this interesting, and try to dance in front of it, and the characters is doing exactly the same as the kids’s dance. At the end of the day, they open the store’s wall and reveal what’s inside, and as soon as the people saw the characters they felt excited, happy and some of them cried in joy. The meaning of this ads is to let them know the joy, laugh, and excitement of the Disney side at Disney Parks through the Disney Characters here. 2. Clash of Clans ( Official Super Bowl Commercial) This ads is a mix between a game and a movie, the game is clash of clans and the movie is Taken 3. The ads is placed at Super Bowl Commercial which is one of the biggest event that can potentially make an ad go viral, and in the end its true that it went viral. The Plot : The video begins with average gameplay of clash of clans of someone raiding a village, but in the middle of...

Words: 662 - Pages: 3

Premium Essay

A Non-Traditional Education

...A Nontraditional Education While most children in Spain attend a mainstream school, there are many countries in the entire world, such as United States, United Kingdom, Japan or India where the number of "alternative schools" is increasing. These schools are educational establishments which are using methods that are nontraditional as an alternative to the traditional class organizational structure. It's a fact that the result of conventional education is a failure. As a consequence, there is a large number of students who leave school before graduating. As José Luis García Garrido, member of the European Academy of Science and Arts says: "There is no learning if the student doesn't accept it in an autonomous way." On the one hand, autonomy is mainly what alternative schools suggest through assembles where children have the opportunity to express themselves in their own way. On the other hand, teachers tend to discourage conformity and praise originality in their pupils. Nevertheless, is this formula the solution for improving the results of our educational system? According to García Garrido "The methods in alternative schools are presented as an innovation. However, everything has been invented since ages. Therefore these aren't the panacea." It's more than usual that these institutions require a financial contribution from the parents. Thus, people who are against them claim that they're exclusive. In my opinion the world has changed spectacularly in most fields...

Words: 338 - Pages: 2

Free Essay

Advance Writing and Research

...program in Continuing Education. The author of this article is Arthur M. Langer and it was published in 2002 in Columbian University. My critique based on the five elements which are research question and problems, literature review, methodology, results and findings, discussion. After I read entire article carefully I identified how the article was organized. What author’s thought patterns, his way of thinking, evaluated Strengths and Weaknesses, how can findings be used in practice? This article explained that students should use journals in their studies for their researches. The purpose of this study was to describe the use of learning journals as vehicles for encouraging critical reflection among non-traditional students and to compare variances with studies among traditional students. An objective of the study was to understand how students in a technical computer class reacted to the requirements for learning journals. Qualitative method focused on whether learning journals show to be an effective teaching tool in science-based, adult learning. The purpose of this article critique is to analyze the strengths and weaknesses points for the components of the Langer’ article Langer (2002). Research Question, Conceptual Foundation, Methodology—data collection and data analysis section, Findings and Discussion. Research Question: The research question of the study Langer (2002) was “how using journals for education has impacted the process of learning of older students...

Words: 710 - Pages: 3

Premium Essay

Healthcare

...Meeting the Needs of Non-Traditional Students Vickie Nylander N537 June 4, 2014 Dr. Bonnie Jean Beardsley Meeting the Needs of Non-Traditional Students The needs of the non-traditional student has become the focus of some institutions of higher learning. A shift in the profile of higher education students has taken place: At many institutions, the “traditional” 18- to 21-year-old student cohort is no longer the majority demographic. This study explores the impact on the academic success of nontraditional students attending a public research university in the United States. Institutional practices, policies and programs that enhance the success of the non-traditional students’ college career are identified. What is the scope of the critical issue? The non-traditional students make up at least 50% of higher education enrollments in colleges and universities. Coupled with these increasing enrollment rates, colleges and universities are now being confronted with the problem of the rising attrition rate among minorities, women, and under-prepared adults. The participation of these students on campus, therefore, has become the focus of a great deal of attention by non-traditional student academics. Non-traditional student is an American term referring to a category of students at tertiary educational institutions. The National Center for Education Statistics acknowledges there is no precise definition for non-traditional student, but suggests that part-time status and age...

Words: 2522 - Pages: 11