Traditional and Nontraditional Litigation: Option 1
Two different processes in determining the result of a dispute typically involves the traditional litigation system and the nontraditional forms of Alternative Dispute Resolutions (ADR). The traditional litigation process involves bringing, maintaining, and defending a lawsuit (Cheeseman, 2013, p. 35). These processes include an answer, discovery, and trial (with or without a jury). The nontraditional ADR process, on the other hand, deals with mediation, arbitration, and negotiations. There are risks that may come about both the traditional litigation and ADR. The following article will reveal more in depth information about these two processes and the risks associated with them.
The Traditional Litigation System
To begin, the traditional litigation system deals with several different aspects, three of which are: Answer, Discovery, and Trial. During the Answer stage, defendant gives an answer to a judge, following a plaintiff’s complaint. If the defendant admits to the complaint, a judgment is entered against the defendant. If the defendant denies the complaint, the case proceeds. During the Discovery stage, each party learns facts from the other side; preventing surprises during the trail, “allowing parties to thoroughly prepare for the trial, preserving evidence, saving court time, and promoting settlement of cases” (Cheeseman, 2010, p. 38). Throughout this process, depositions are made by a party or witness, interrogatories are submitted, a production of documents are released, and if needed, physical or mental evaluations are ordered.
Lastly, the Trial stage is the most important and known about part of traditional litigations. Through this process, both parties go before a judge or jury, and speak their cases. The trial begins with the jury selection, if need be, the opening statements, the plaintiff’s case, the defendant’s case, a rebuttal and rejoinder, closing arguments, jury instructions, jury deliberation, verdict, and entry of judgment
Alternative Dispute Resolution (ADR)
Unlike the traditional litigation system, an ADR is settled through forms of mediation, arbitration, and negotiations. First off, mediation involves a third party assistant, recognized as a mediator, to help settle a dispute without making the final decision. This individual usually points out the strengths and weaknesses as well as gives opinions regarding increasing or decreasing a settlement offer. Arbitration, on the other hand, involves costly third party assistance to specifically perceive and resolve the dispute. Negotiation is another form of ADR that is typically used to settle disputes. Each party negotiates and settles the dispute after engaging in offers and counteroffers to one another.
Similarities and Differences between the two Processes
The main similarity between both, the traditional litigation system and the ADR, is that both processes first begin with a dispute of some kind between two parties. The point of these two processes is to give the parties an answer or settlement that will wind up ending the dispute