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Nontraditional and Traditional Litigation
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 various ways to resolve disputes through different more cost-effective means. These alternatives to the litigation process allow businesses to resolve disputes through the following: negotiation, mediation, conciliation, mini-trial, fact-finding or judicial referee (Cheeseman, 2010). According to the author Cheeseman, arbitration is the most commonly used; however, depending on the dispute and…...

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