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Traditional and Nontraditional Types of Litigation

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Traditional and Nontraditional Litigation Paper Traditional Litigation System The traditional litigation system works to resolve disputes using the civil court system and may include aspects such as a trial, jury, and discovery. This system utilizes an adversarial system of justice that includes attorney’s representing clients. Attorneys provide legal advice by representing the positions of their clients through court hearings and procedures. Courtroom processing’s including a commencement of actions including a trial, all of which are administrated by detailed and formal rules of civil procedure. A trial in the traditional litigation system
Nontraditional Litigation System The alternative dispute resolution (ADR) is another method to resolving disputes other than the traditional litigation system. Different forms of ADR exist to include arbitration, negotiation, and mediation hence all of which work to resolving disputes. The most common form of ADR is arbitration which can be compared to and contrasted to the traditional litigation system. Arbitration consists of parties using an impartial third party known as an arbitrator to listen to and decide upon issues up for dispute. Examples of issues that may require a third party to resolve a dispute include issues pertaining to labor union agreements, leases, franchise agreements, and other commercial contracts that may include arbitration clauses. When an arbitration clause does not exit, disputing parties can enter into a submission agreement consisting of the submission of the dispute to arbitration once a dispute is raised. Negotiation is considered the simplest form of ADR as it involves parties engaging in negotiations as a method to resolving disputes. Negotiation consists of parties reaching a voluntary settlement through the process of negotiations. Negotiations can take place at different times...

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