...Traditional litigation and Alternative Dispute Resolution (ADR) have become very popular in the business world today. Many companies have ensued in ADR to resolve disputes. One of the reasons companies have used ADR is because it is more cost effective than traditional litigation. Traditional litigation is used when the company and petitioner cannot come to an agreement on a settlement. Traditional litigation system is a system where the civil court is involved with the dispute and a trial is required. “In the United States, traditional litigation system refers to the resolution of disputes by utilizing the civil court system. The system is based on an adversarial system of justice where attorneys’ are duty bound to zealously represent their clients within the bounds of the law and the Canons of Professional Responsibility. All court proceedings, from the commencement of an action up to and including a trial, are governed by the formal and detailed rules of civil procedure” (XXXXX). There are 2 main phases in filing a civil lawsuit using traditional litigation. The first phase is, to commence a court action. This process happens when the defendant of the case is formally served with paperwork from a local law enforcement agency. The second step in traditional litigation is a pre-trial hearing. In the pre-trial hearing a discovery has to be made. A discovery is court monitored and allows the parties involved to exchange documentation that is relevant to the lawsuit...
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...Stephanie Alfred University of Phoenix Bus Law 531 Peter Derouen Nov. 13,2011 In a traditional litigation system all dispute are resole in a civil court system. Traditional litigation system is based on an adversarial justice system which attorneys are obligated to represent their clients within a lawful and professional manner. The court's proceedings right from an action's commencement to the trial inclusion are governed by civil procedures and detailed rules that are formal. Many parties can choose to settle their dispute without going to court this is called alternative dispute resolution. This form of dispute is cheaper than the traditional litigation system going to court can be very expense. Even though these are two different types of litigation they are both forms of dispute resolution. Negotiation, mediation, conciliation, and arbitration are the four main forms of alternative dispute resolution. In mediation a third party is brought into assist the parties reach a compromising agreement. This neutral person is known as the mediator it is his responsibility to inform each party of their rights and help try to find a common ground in which each party will be satisfied. This person is also known as a facilitator. Conciliation on the other hand involves a third party in which they help to resolve a dispute between two parties. The conciliator does play a more important role than the mediator. Arbitration is a more formal dispute resolution because a third party...
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...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...
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...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...
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...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...
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...Traditional and Nontraditional Litigation Traditional and Nontraditional Litigation Litigation refers “to the bringing, maintaining, and defending a lawsuit” (Cheeseman, p. 35). The average person most likely believes that the usual court case is in a courtroom with a judge, jury, plaintiff, and defendant; however there are several ways to solve legal issues. Through traditional litigation and nontraditional forms of Alternative Dispute Resolution legal disputes can be resolved. Both processes solve internal and external conflicts. Mutually both courses of action apply the law and have procedures, however to different degrees. Traditional litigation is what comes to mind when most people think of legal cases. It consists of trials, discovery, answers, suits, and jury. These forms of litigation can be financially costly. Clients will encounter attorney and court costs, these fees tend to be expensive to the expense of the client. The litigation process is difficult and time consuming. For example, one trial may take a week, a month, or in severe cases clients are on trial for years. Many of these cases may become very public. For example, by mentioning the name Casey Anthony or Amanda Knox most people will know which case one is speaking of. These cases received tons publicity, such as, magazine articles, news shows, television shows, etc. In both cases they went through traditional litigation. There are several risks that businesses and other organizations may encounter...
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...Law 531- Traditional and Nontraditional Litigation Marilyn University of Phoenix Carol Parker Monday July 30, 2012 Nontraditional and Traditional Litigation Most cases will never go to trail, so in order to have a better understanding one must also understand alternative methods of dispute resolutions that are just as important in understanding the traditional litigation system. The goals set between both traditional and nontraditional litigation is to reach a simple resolution, but yet these methods use a reach of different types of resolution. The intent of this paper is to help understand the comparison and contrast of the traditional litigation system with the nontraditional forms of alternative dispute resolution (ADR). Compare Cheeseman (2010) defines litigation as “the process of bringing, maintaining and defending a lawsuit (p.35).” In resolving a dispute the desired outcome of the traditional litigation or also called the judicial dispute resolution and nontraditional litigation or ADR. However, it is not necessary that an attorney in both forms of litigation usually typically represent plaintiffs and defendant. A third party is the one that typically decided the outcome of a given dispute. For example, in the judicial dispute resolution, the dispute is decided upon the judge or a selected jury. In the case of ADR a third party helps in the parties resolution and helps in making a decision. The third party usually severs as an arbitrator, mediator, judicial...
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...Nontraditional and Traditional Litigation Julia Salazar LAW/531 April 21, 2012 Michael T. Millar, JD Nontraditional and Traditional Litigation In the United States disputes can be settled through traditional and nontraditional litigation systems. The traditional litigation method utilizes the court in conflict resolutions. This process of conflict resolution is very complex, time consuming, and expensive. The traditional litigation is based on adversarial system of justice with prosecution and defense opposing each other in the civil court. The traditional litigation process consists of pretrial litigation, trial and appeal. “The pretrial litigation process can be divided into the following major phases: pleading, discovery, dismissal and pretrial judgment, and settlement conference” (Cheeseman, 2010, p.35). Under the traditional litigation process disputes can become protracted and very costly. The nontraditional litigation method is becoming more popular because of the expense and time consuming nature of the traditional litigation. The nontraditional method is also known as alternative dispute resolution (ADR). “The most common form of ADR is arbitration. Other forms of ADR are negotiation, mediation, conciliation, mini-trial, fact-finding, and using a judicial referee” (Cheeseman, 2010, p. 35). Quick Takes In the Litigation and Alternatives video Nonlinear Pro accused Quick Takes in defaulting...
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...Running head: OPTION 1 Compare and Contrast traditional litigation with non-traditional Option 1 Law/531 MJ Meade May 24, 2011 Judge Gregory P.Holder Society is familiar with litigation and its ramifications. One hires an attorney and files a lawsuit requiring the other to hire an attorney and defend the lawsuit. Litigation is expensive, time consuming, emotionally draining and unpredictable. With litigation, you never know the outcome until a judge or jury decides. Alternative dispute resolution, including arbitration and mediation, has been gaining popularity as a method to resolve some of the shortcomings of litigation. Arbitration and mediation are alternatives to litigation and sometimes used in conjunction with litigation to attempt to avoid litigating a dispute to its conclusion. Arbitration and mediation use a neutral third party. Both can be binding; however, it is customary to employ mediation as a non-binding procedure and arbitration as a binding procedure. Arbitrators act similar to a judge d making decisions about evidence and giving written opinions, which can be binding or non-binding. Arbitration is conducted with one arbitrator. The most common procedure is for each side to select an arbitrator and for those two arbitrators to select a third arbitrator. The dispute is presented to the three arbitrators chosen, with a majority of the arbitrators rendering a written decision. Mediation, on the other hand, is conducted before a single mediator who...
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...are not solved adequately by policies and procedures, a dispute needs to be settled. This can be done essentially in one of two formal ways, assuming all other potential solutions have been exhausted: court-based adjusdication and ADR (alternative dispute resolution) (Schroeder, 2011). Traditional litigation is a formal process with rules established by the various levels of government under the U.S. Constitution. Litigation is a legal procedure that is decided in a court of law and heard before a Judge, and sometimes a Jury. Litigation is adversarial, it is a battle between lawyers and strategies, and although the Judge is there to consider points of law and keep order, it is not necessarily the means to finding the truth of the matter. For example, one Criminal Court Judge in New York remarked, “I have nothing to do with justice…. Justice is not even part of the equation” (The Adversarial Legal System, 2010). Through the Court system, though, as long as the dispute is translated into legal issues, it can be decided in a court of law. This system allows the ceasing of certain actions, interpretation of documents (contracts, etc.), sue for money or property, or any number of issues. Litigation is more often than not quite expensive, sometimes so much so that many individuals cannot even afford to...
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...Traditional and Non-traditional Litigation In this paper I will compare and contrast traditional litigation systems to non-traditional forms of ADR (Alternative Dispute Resolution). Traditional litigation is where both parties use the court system to try to resolve their dispute, while ADR is the process of resolving a dispute outside of the court system. In this paper I will look at the pros and cons of using each type of litigation process. I will also look at the risk that business and other organizations encounter when dealing with traditional litigation and where ADR might be a more appropriate measure in order for business mangers to reduce those risks. Traditional Litigation Traditional litigation is handled through the court system. Each party has an attorney who is an advocate and argues their side’s position. All negotiation occurs through those attorneys and most cases end in an agreement. With this kind of litigation, if an agreement is not reached at the end of the negotiation, then the parties can turn to a judge who can make a final decision after a court proceeding or hearing. During this hearing, the parties attorney’s will present evidence and make and argument to the judge. ("Karen Julian Law", 2008). Some advantages of using traditional litigation are you have the advice of your attorney or counsel as to what the state laws are, their assistance in what is the correct action to take, and the ability to get a resolution through the court if the parties...
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...Traditional and Nontraditional Litigation Alina Hovhannisyan LAW/531 April 16, 2012 Young Jenkins Traditional and Nontraditional Litigation In the United States there are two broad types of legal resolution: traditional litigation (judicial dispute resolution) and nontraditional forms of alternative dispute resolution (ADR) (Cheeseman, 2010). Most cases will never go to trial, so understanding alternative methods of dispute resolution is just as important as understanding the traditional litigation system. In this paper I will compare and contrast the traditional litigation with ADR identifying the risks different organizations encounter when dealing with traditional litigation. Additionally, I will determine where ADR might be a more appropriate measure to reduce those risks. Cheeseman (2010) defines litigation as “the process of bringing, maintaining, and defending a lawsuit” (p. 35). Before the trial, there is pretrial litigation, which consists of several phases (pleadings, discovery, dismissals, pretrial judgments, and settlement conference). Dealing with the court system the businesses and other organizations often encounter the risks of spending too much time and money as well as disruption of business operations. To avoid or reduce those risks the business managers use different forms of ADR in contract and commercial disputes (Erickson & Bowen, 2005/2006). “Arbitration, negotiation, mediation, conciliation, mini-trial, fact-finding, and using a judicial...
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...Individual Traditional and Nontraditional Litigation Paper Review the assignment described below. Write a paper of no more than 700 words in which you compare and contrast the traditional litigation system with the nontraditional forms of ADR. Post under the Assignments’ link on Monday, Day 7. Traditional Litigation Traditional litigation occurs when an attorney or lawyer decides he or she has a strong enough case for the case to be heard in court. The traditional litigation could be beneficial to various cases, but it would depend on what the case involves and why. For many years attorneys have prepared cases to be heard by a judge; but this option takes more time and could not always end in one’s favor. A trial is a formal process could be more expensive, the case would be heard by a judge, a result is given, and the judgment is enforced by the legal court system. Traditional litigation can create a hostile environment for both parties. Therefore the ADR is more likely that both parties may remain friendly and develop a decision together rather than them given a judgment he or she must abide by. Alternative Dispute Resolution In most cases attorneys opt to use the ADR and the use of the Alternative Dispute Resolution is that the benefits are crucial to a case. The ADR is not as formal as the traditional litigation, less expensive, and has a must faster resolution. The ADR process is not heard by a judge but an arbitrator or mediator. Unlike the...
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...Traditional and Nontraditional Litigation Paper Jason Alexander Augustus LAW 531 March 11, 2013 Teb Bowman Traditional and Nontraditional Litigation Paper The litigation and alternatives video was is an instructive and compelling case for demonstrating various legal precedents. The scenario dealt with a contractual disagreement between a business and a company named Non-Linear Pro, the dispute is between the implied verbal agreement for a trial of a video editing system and a contract signed by Janet for a three-month lease. One of the primary issues in the video had to do with agency theory and tort. The options for resolution of the dispute are arbitration, mediation, mini trial, or trial. The principle in this case Quick Takes Video had a verbal agreement with Non-Linear Pro to have a three week trial of a video editing system, but when the equipment was delivered a delivery person presumably handed Janet a contract for a three month lease. As an employee of Quick Takes Video Janet signed the contract, which could legally bind Quick Takes Video into the lease contract and subsequently be held liable for breach of contract. A major question to be answered is whether the verbal agreement that was initially made between the two firms was binding as a contract, or if the lease agreement was made in good faith. The resolution strategies available to the two firms include mediation, arbitration, mini-trial, and court hearing. The arbitration option is optimal for both...
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...Nontraditional and Traditional Litigation Patricia L. Northern LAW/531 January 10, 2013 Andrew Bethart Nontraditional and Traditional Litigation The video “Litigation and Alternatives” presented different legal issues seen. The foundation of the issue is that Quick Takes did not like the equipment from Nonlinear Pro. A signature on a delivery slip disguised as a lease contract was the basis of the $5000 payment. Both parties have brought forth their arguments to pay or not to pay and what would be the best method to do so. There are two systems in place for dispute resolution: the traditional system that includes litigation, pleadings, discovery, jury, and trials. These processes are time-consuming and very costly related to the complex rulings and the hiring of lawyers to navigate the process. The second system is non-traditional as it is alternative dispute resolution (ADR) and developed out of the frustration of bringing up a traditional lawsuit. These include negotiation, mediation, arbitration, and a newer trend of the mini-trial. The complaint filed by Quick Takes, their premise is that an oral agreement of trialing the equipment for a month was agreed upon. They were very unhappy with the equipment’s performance and sent it back prior to the month period. They had an employee spend three weeks trying to work on the equipment and also an employee suffered a laceration from the equipment that later became infected. Quick Takes can take the traditional route...
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