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Litigation Paper

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Words 589
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Litgation Paper
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 conference (Cheeseman, 2010). If the parties cannot come to a resolution or the case is not dismissed during the pretrial stage, the case will go to trial. Trails can be lengthy and become quite expensive. Nontraditional forms of ADR in contrast are usually settled quite quickly. The oldest form of ADR is arbitration, in arbitration a neutral, AKA, the arbitrator...

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