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Litigation

In: Business and Management

Submitted By LLSS
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Abstract

In this essay the reader will be able to identify the legal disputes presented in the Litigation an Alternative Video. The paper will converse the difference between the traditional litigation system and the nontraditional forms of Alternative Dispute Resolutions (ADR) which will include the risks that a company may encounter should they proceed with traditional litigation, when nontraditional ligation is appropriate to practice to avoid those risk. Alternative disputes presented, such as arbitration, mediation and min-trial are compared to determine which form will be more beneficial to the company.

Forms Litigation
Litigation is the process of bringing, maintain, and defending a lawsuit (Cheeseman 2012). Over the year’s traditional litigation has been the most popular form to use. Traditional Litigation such as a trail are time consuming, expensive and challenging, and must comply with the law. For that reason alternative dispute solution (ADR) has become popular. There are several forms of nontraditional litigation such as, mediation, arbitration, negotiation, etc. Arbitration the process of both parties selecting a neutral third party to listen to evidence presented and makes a decision. Arbitration is the best alternative to use when the parties do not get along and have no chance of becoming longer term business partners. The parties’ involved in the dispute have the option of selecting an arbitrator, submitting evidence, and written opinions. It is important when a company agree to use an arbitrator that they sign a binding arbitration clause, which states that if any dispute arising under the contract will be settled through arbitration. According to Nancy Kwubasck professor of law at Bowling Green State University, there are several advantages of arbitration. Arbitration is cheaper, involves no lawyers, and offers a lack of publicity....

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