Corporate Compliance Plan-Riordan Manufacturing
Traditional and Non-traditional Litigation
Derena Kanz
LAW/531
April 22, 2013
Benjamin Waggoner
Traditional and Non-traditional Litigation
Dispute resolution in some form or another has been a part of civilization from the beginning. Dispute resolution has evolved and today we have two main legal venues available to us to resolve disputes. Both involve litigation and the traditional method of dispute resolution is through the judicial system and the non-traditional method is through alternative dispute resolution, or ADR. There are advantages and disadvantages to both forms of litigation so it is important to determine which venue is best for the situation and the parties involved. Traditional litigation involves use of the court system, formal legal procedures, and the decision is made by a judge. Non-traditional litigation involves the use of ADR. There are two main types of ADR – binding and non-binding which are accomplished through mediation, arbitration, neutral evaluation, or settlement conferences ("California Courts", 2013).
One of the main advantages of ADR over traditional litigation is privacy. Traditional litigation is done publicly in a courtroom. Other advantages include time, money and continued relationship. ADR generally costs much less than traditional litigation because the costs usually only involve the fees associated with the hiring of an arbitrator. ADR also tends to be a quicker process because once the arbitrator has been chosen the case can be heard immediately. Traditional litigation tends to take longer because the court has to schedule time to hear the case. ADR also tends to assist in preserving the relationship between the parties involved whereas traditional litigation tends to cause permanent damage.
One of the main advantages of traditional litigation over ADR is the appeals process. ADR is usually binding; there is no possibility of appealing the decision, however with traditional litigation the
Derena Kanz
LAW/531
April 22, 2013
Benjamin Waggoner
Traditional and Non-traditional Litigation
Dispute resolution in some form or another has been a part of civilization from the beginning. Dispute resolution has evolved and today we have two main legal venues available to us to resolve disputes. Both involve litigation and the traditional method of dispute resolution is through the judicial system and the non-traditional method is through alternative dispute resolution, or ADR. There are advantages and disadvantages to both forms of litigation so it is important to determine which venue is best for the situation and the parties involved. Traditional litigation involves use of the court system, formal legal procedures, and the decision is made by a judge. Non-traditional litigation involves the use of ADR. There are two main types of ADR – binding and non-binding which are accomplished through mediation, arbitration, neutral evaluation, or settlement conferences ("California Courts", 2013).
One of the main advantages of ADR over traditional litigation is privacy. Traditional litigation is done publicly in a courtroom. Other advantages include time, money and continued relationship. ADR generally costs much less than traditional litigation because the costs usually only involve the fees associated with the hiring of an arbitrator. ADR also tends to be a quicker process because once the arbitrator has been chosen the case can be heard immediately. Traditional litigation tends to take longer because the court has to schedule time to hear the case. ADR also tends to assist in preserving the relationship between the parties involved whereas traditional litigation tends to cause permanent damage.
One of the main advantages of traditional litigation over ADR is the appeals process. ADR is usually binding; there is no possibility of appealing the decision, however with traditional litigation the
References: California Courts. (2013). ADR Types & Benefits. Retrieved from http://www.courts.ca.gov/3074.htm#tab4538 Stradley Ronon Attorneys At Law. (2006, August). Experts Compare The Advantages And Disadvantages Of Litigation And ADR. Retrieved from http://www.stradley.com/articles.php?action=view&id=172