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Traditional and Non Traditional Litigation

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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. The traditional or the judicial litigation processes are orthodox as they prolong and move on at a slower pace. Before presenting the case for trial it must go through a lengthy pretrial litigation process, which includes discovery, pretrial judgments, pleadings, settlement conferences and dismissals. (Cheeseman,2010). If an outcome is not derived or the case is not settled...

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