Traditional and Non-Traditional Litigation Paper

In: Business and Management

Submitted By sassygryl
Words 726
Pages 3
Traditional and Non-Traditional Litigation Paper
LAW/531

Traditional and Non-Traditional Litigation Paper
Over the past few years the United States economy and workforce has undergone some drastic and critical changes, which has put a significant amount of focus on what is considered fair and just. Many of the changes that American people have experienced, in recent years, has fueled a variety of disputes and kept our court system considerably active. There are numerous conflict resolution methods available in the U.S., however the judicial dispute resolution process is most common. While this method is the most accepted way to handle conflict, there are also various alternatives to this. The following paper will attempt to compare the traditional and non-traditional forms of conflict resolution in the United States.
Judicial Dispute Resolution
Judicial dispute resolution is the process of using the court system to resolve a dispute. To begin this process an individual or business must file a complaint with the appropriate court that details the parties involved, the facts of the case including the alleged violation, and the anticipated resolution. After this complaint is filed, the party initiating the process becomes the plaintiff and the accused becomes the defendant. The court will then issue a summons for the defendant to respond to the complaint, and the plaintiff must have the defendant presented (also known as ‘served’) with a copy of the filed complaint. The defendant is then given the opportunity to respond to the complaint; however depending on the response of the defendant the court can either enter a judgment or proceed further with the case. If the defendant denies the allegations, then the next step in this process is a discovery hearing, where “each party engages in various activities to…...

Similar Documents

Traditional and Nontraditional Litigation Paper

...Traditional and Nontraditional Litigation Systems Business Law/LAW 531 May 25, 2012 The method of conveying, sustaining, and defending a lawsuit in a court of law is litigation or judicial dispute resolution (Cheeseman, 2010). Litigation is a time consuming and costly process. Alternative Dispute Resolution (ADR) is a response to the expenses of lawsuits and a popular means for resolve of cases prior to trial. ADR offers a less expensive way to resolve contract and commercial disputes while minimizing the business risks associated with traditional litigation. The litigation process is time consuming because of the different phases of the process. The first phase is the pretrial litigation process that involves pleadings, discovery, dismissals and pretrial judgments, and settlement conferences (Cheeseman, 2010). The trial phase involves jury selection, opening statements, the Plaintiff’s case, the Defendant’s case, rebuttal, closing arguments, jury instructions, jury deliberation, and entry of judgment. The appeal phase can begin once the court enters a final judgment. A trial is a more formal and a more slow process, more costly for parties involved, and judgments are enforceable by the court system. Litigation can be very time consuming and expensive for the defendant and plaintiff. Alternative Dispute Resolution (ADR) offers a less formal and intimidating environment for the parties involved, a quicker method, and less expensive resolution for the organization.......

Words: 702 - Pages: 3

Traditional and Non-Traditional Litigation

...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...

Words: 785 - Pages: 4

Traditional and Nontraditional Litigation Paper

...Traditional and Nontraditional Litigation Paper University of Phoenix Business Law LAW 531 December 17, 2012 Traditional and Nontraditional Litigation Paper Issues happen in organizations everyday as well as in the personal lives of the citizens of the United States. Issues considered severe enough result in going through the court systems in which the plaintiff and defendant can argue about what happened and who is right and who is wrong. However, there are more than on way of settling disputes; there is the traditional litigation process and the nontraditional litigation process. Each process is effective just as each process is vulnerable as well. The following passages will explain the differences each process goes through, the advantages and disadvantages each process has as well as the nontraditional forms of Alternative Dispute Resolution (ADR). Traditional Litigation Traditional litigation consists of the defendant and plaintiff settling their differences in a court of law. The trial can be done with only a judge making the final decision or those involved can call for a trial by jury. In this case a selected jury will be the determining factor in the case. Each party has the choice of using an attorney or going on alone and doing by themselves. Court procedures will follow formal rules as well as civil, local, state and federal laws. Nontraditional Litigation Nontraditional litigation is better known as an ADR and according to Bondi...

Words: 783 - Pages: 4

Traditional and Non Traditional Litigations

...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......

Words: 634 - Pages: 3

Traditional and Nontraditional Litigation Paper

... Nontraditional and traditional litigation Lareina Mirabella Law/531 April 29, 2013 Mike Kelley Nontraditional and traditional litigation Traditional litigation is settling a dispute in a civil court system. This system could use trial with jury, and judgment. The traditional system is an adversarial system of justice and clients can be represented by lawyers who provide legal advice for their clients in the court hearing. The courtroom procedures may include a trial and abide by formal rules of governing civil procedures. A trial is part of the system. Alternative dispute resolution (ADR) is disputes outside the traditional litigation. Types of ADR’s are arbitration, negotiation, and mediation. These are all used to resolve disputes. The most common use is arbitration. Arbitration is made up of parties using an impartial third party known as arbitrator to listen to and decide on issues that are in dispute. This could include disputes over collective bargaining unit agreements, leases, and business contracts that include arbitration clauses. When an agreement is reached in arbitration a settlement agreement is written. All the parties must sign the settlement agreement then it is submitted to the court, and the case is usually dismissed. Negotiation may be the simplest type of ADR because it brings together everyone to resolve the issue. When negotiation is used the parties will reach a voluntary settlement with discussions. Negotiations can take place from before......

Words: 592 - Pages: 3

Traditional and Nontraditional Litigation Paper

...Traditional and Nontraditional Litigation Paper MGT/521 Traditional and Nontraditional Litigation Paper An organization has to have a law department in charge of the resolution and the management of legal resources and services at all levels of the organization. They should work for the legal benefit of the company and their employees looking for the best and better ways to resolve their internal and also external conflicts. “The bringing, maintaining, and defense of a lawsuit are generally referred to as the litigation process or litigation (Cheeseman, 2010, p. 35)”. Traditional are suit, answer, discovery, trial, and jury. Business organizations have at their disposal traditional and non-traditional forms of dispute resolution to remedy causes of action in settling litigation processes. A variety of traditional and non-traditional litigations forms exists according to the context of the case involves a plaintiff, a defendant, a judge, and sometimes a jury. Litigation is a conflict of interest or rights between two or more parts, which elucidate in judicial proceedings where there is a claim for damages or managerial irregularities and the opposition. Its use is more extensive in legal disputes of a civil, commercial or administrative nature and not so much in criminal trials. Litigation is a difficult, expensive and time consuming traditional process of incorporate, continue, and defend...

Words: 789 - Pages: 4

Traditional and Non-Traditional

...Week 1: Traditional and Non-traditional LAW 531 Introduction Disputes are inevitable in the business world but how a company handles these disputes can determine the profitability of the company. The traditional litigation system has some similarities and differences from non-traditional forms of Alternative Dispute Resolutions; also known as ADR. First litigation is the process of a lawsuit. The traditional litigation system can be very expensive and time-consuming that deals with a great deal of rules. The process of the traditional litigation system caused an alternative methods to be developed. These new methods fall under the name alternative dispute resolutions and tend to be less costly and time-consuming than the traditional method. Litigation The traditional litigation process is a long process because of all the steps a company must go through. There are also major risks that a company faces with using this traditional form. Even before the litigation begin there are steps that must be followed. There are the pleadings, discovery, dismissals and pretrial judgments, and settlement conference. All these processes delay the judgment, and a company may still need to go to trial. If a company can not get a summary judgment then the company may use of more time in jury selection in cases of jury trials. A jury may take weeks to decide an outcome, and there are always chances for appeals (Cheeseman, H.R., 2010). Alternative Dispute......

Words: 965 - Pages: 4

Traditional and Non-Traditional Families

...Topic; Non-traditional families are becoming the new normal in the United States. Discuss and compare the traditional family and non-traditional families. Family pattern has changed greatly due to industrialization and urbanization since the nineteenth century. Another factor which has been involved in those changes is the growing intervention of the state, by legislative action, in the domestic affairs of the family. As a result of these trends, the modern “nuclear” family has been substituted for the traditional extended family. The increase of values such as individualism and egalitarianism has influenced the patterns of modern family. Although traditional and modern families share similarities in terms of constitutional concept and milieu of love and care, they have several differences in term of family size and gender roles. Traditional and modern families share a lot of similarities. As the traditional family was, modern family is still an institutional component of western societies. In other words, both are a “unit structure” or “basic organism” of which society is composed. As an institution, traditional and modern families similarly have to complete functions such as procreation and socialization of children. For example, even though the modern family has decreased in size, it is still the common environment where children are born; receive a moral education, where their tendencies are disciplined and where their aspirations are encouraged. Therefore, to......

Words: 840 - Pages: 4

Law531Contrast and Compare Traditional Litigation with Non-Traditional Litigation

...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...

Words: 682 - Pages: 3

Traditional Litigation

...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......

Words: 626 - Pages: 3

Traditional Litigation

...In this essay I will compare and contrast the Traditional litigation system with the Nontraditional forms of ADR. First and foremost “Litigation is a legal process where parties argue their case against each other through the usage of discovery and court room procedures. Parties involved are called litigants. Each party assembles its argument supported by findings and facts. Parties exchange documents pursuing their interest. Litigation continues until the involved parties' find a resolution or trial conclude. In the event a resolution is not attainable, parties will move forward to trial seeking court judgment. On its part, the court usually extends the process of litigation through alternative dispute resolutions” (Habashy, 1995). I’m pretty sure the public is aware of the legal term litigation and its ramifications. Litigation’s can be very expensive at times, and emotionally and physically stressful. With litigation, you never know the outcome until the jury or judge decides. Alternative dispute resolution, has been gaining popularity as a method to resolve some of the shortcomings of litigation. The word litigation alone strikes fear into the business community. Litigation relates to a claim for damages decided by legal proceedings. Some litigation cases include defending the company when accused of misconduct. The litigation process involves discovery, trials, and judgments. “The litigation system has the authority to sermon the attorney to......

Words: 759 - Pages: 4

Traditional and Non Traditional Litigation

...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......

Words: 692 - Pages: 3

Traditional Litigation

...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......

Words: 625 - Pages: 3

Law 531 Contast and Compare Traditional Litigation with Non Traditional Litigation

...you. Arbitration as a process is very different from the process of litigation (trying cases in court), for business disputes. Here is a listing of the differences Public/Private, Formality The arbitration process is private, between the two parties and informal, while litigation is a formal process conducted in a public courtroon. Speed of Process The arbitration process is fairly quick. Once an arbitrator is selected, the case can be heard immediately. In a civil litigation, on the other hand, a case must wait until the court has time to hear it; this can mean many months, even years, before the case is heard. Cost of the Process The costs for the arbitration process are limited to the fee of the arbitrator(depending on the size of the claim, expertise of the arbitrator, and expenses), and attorney fees. Costs for litigation include attorney fees and court costs, which can be very high. Selection of Arbitrator/Judge The parties in the arbitration process decide jointly on the arbitrator; in a litigation, the judge is appointed and the parties have little or no say in the selection. The parties may have some say in whether a case is heard by a judge or a jury. Use of Attorneys Attorneys may represent the parties in an arbitration, but their role is limited; in civil litigation, attorneys spend much time gathering evidence, making motions, and presenting their cases; attorney costs in a litigation can be very high. Evidence Allowed The arbitration process has a......

Words: 912 - Pages: 4

Traditional and Non-Traditional Ligitgation

...Traditional and Non-Traditional Litigation Linda T. Lopez UOP Professor Richard Rice Traditional and Non-Traditional Litigation Determining the ideal methodology for resolving a business dispute can be a challenge for business. One hires an attorney and files a lawsuit requiring the other to hire an attorney and defend the lawsuit. As the number of court cases filed grows each year and the cost of litigation increases. More organizations are looking for efficient ways to settle business disputes. Many forms of traditional litigation exist in the legal system; the forms exist in the context of suit, answer, discovery, trial or jury. In addition a variety exist in the non-traditional Alternative Dispute Resolution (ADR) aspect of the legal system, the nontraditional or Alternative Dispute Resolution (ADR) aspect of the legal system forms exist in the context of as mediation, arbitration, conciliation, mini-trial, and negotiation. After reading this paper one will find a comparison and a contrast of the traditional litigation system with the non-traditional forms of Alternative Dispute Resolution (ADR). This paper will also examine the risks that businesses and other organizations encounter when dealing with traditional litigation and where might an ADR be a more appropriate measure in order for business managers to reduce those risks. Traditional litigation is the process of bringing, maintaining, and......

Words: 878 - Pages: 4