Traditional and Nontraditional Litigation
Traditional and Nontraditional Litigation
Susan Maynard
LAW/531
May 5, 2013
Bob Houle
Traditional and Nontraditional Litigation The traditional litigation system and the nontraditional forms of the alternative dispute resolutions (ADR) have several similarities as well as differences. There are numerous legal processes available to companies to resolve disputes other than using the traditional litigation system such as arbitration, negotiation, mediation, conciliation, mini-trial, fact-finding, and a judicial referee. Even though there are differences between the traditional litigation system and the nontraditional forms of ADR there is situations that call for both types of these litigation systems to be used in conjunction with each other. The following document compares and contrasts the traditional litigation system and the nontraditional forms of ADR. The document also examines the risks that businesses encounter when dealing with traditional litigation and when ADR might be a more appropriate measure in order for business mangers to reduce those risks.
Traditional Litigation One of the main similarities of the traditional litigation system and the nontraditional forms of ADR consists of the common objective to resolve an issue between two parties. The traditional and nontraditional litigation systems require representation by an attorney or a mediator. Occasionally a mediator or an arbitrator is needed for both situations. An array of traditional and nontraditional litigations forms exists depending on the circumstances of the case. Traditional litigation systems involve suit, answer, discovery, trial, and jury. According to Barron, (2013) “The traditional litigation system, the civil suit officially commences with the filing of a complaint in court by the plaintiff” (para. 2). The defendant has 21 days from the time which he or she is served the summons to file an answer
Susan Maynard
LAW/531
May 5, 2013
Bob Houle
Traditional and Nontraditional Litigation The traditional litigation system and the nontraditional forms of the alternative dispute resolutions (ADR) have several similarities as well as differences. There are numerous legal processes available to companies to resolve disputes other than using the traditional litigation system such as arbitration, negotiation, mediation, conciliation, mini-trial, fact-finding, and a judicial referee. Even though there are differences between the traditional litigation system and the nontraditional forms of ADR there is situations that call for both types of these litigation systems to be used in conjunction with each other. The following document compares and contrasts the traditional litigation system and the nontraditional forms of ADR. The document also examines the risks that businesses encounter when dealing with traditional litigation and when ADR might be a more appropriate measure in order for business mangers to reduce those risks.
Traditional Litigation One of the main similarities of the traditional litigation system and the nontraditional forms of ADR consists of the common objective to resolve an issue between two parties. The traditional and nontraditional litigation systems require representation by an attorney or a mediator. Occasionally a mediator or an arbitrator is needed for both situations. An array of traditional and nontraditional litigations forms exists depending on the circumstances of the case. Traditional litigation systems involve suit, answer, discovery, trial, and jury. According to Barron, (2013) “The traditional litigation system, the civil suit officially commences with the filing of a complaint in court by the plaintiff” (para. 2). The defendant has 21 days from the time which he or she is served the summons to file an answer
References: Barron, J. (2013). What is the Meaning of Traditional Litigation. Retrieved from http://www.ehow.com/about_6521858_meaning-traditional-litigation-system_.html Cheeseman, H. R. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, NJ: Prentice Hall. Foster, W. (2013). Business Risks of Traditional Litigation.Retrieved from http://www.ehow.com/info_8488645_business-risks-traditional-litigation.html