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Traditional and Nontraditional Litigation Paper

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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 filed, to after it is filed. The parties may be represented by lawyers to help them in reaching an agreement. Offers and counteroffers may be included in negotiations to help reach an agreement.
Meditation is a type of ADR that uses a third party to help reach an agreement. The mediator does not decide the final decision; they only help the parties reach an agreement. Once all the facts of

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