Traditional and Nontraditional Litigation

In: Business and Management

Submitted By alinah1980
Words 754
Pages 4
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 referee” are the forms of ADR (Cheeseman, 2010, p. 43).
There are essential differences between traditional litigation and ADR. First of all, in the courtroom the third party is presented by a judge (a nonjury trial) or jury (a jury trial) to decide an award. Unlike the trial, some forms of ADR do not involve a third party to make a decision (e.g., negotiation) or use a neutral third party…...

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