Law 531- Traditional and Nontraditional Litigation
University of Phoenix
Monday July 30, 2012
Nontraditional and Traditional Litigation Most cases will never go to trail, so in order to have a better understanding one must also understand alternative methods of dispute resolutions that are just as important in understanding the traditional litigation system. The goals set between both traditional and nontraditional litigation is to reach a simple resolution, but yet these methods use a reach of different types of resolution. The intent of this paper is to help understand the comparison and contrast of the traditional litigation system with the nontraditional forms of alternative dispute resolution (ADR).
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35).” In some cases it is not dismissed or settle during the pretrial than it will be processed as a trial in which last a day or several months depending on the nature of the given case/ dispute. The trial will be processed and consist of a selected jury, if the parties request to having an opening statement of the plaintiffs case, the defendant’s case, a rebuttal, and rejoinder and also consist of closing arguments, jury instructions and jury deliberation, verdict and judgment (Cheeseman, 2010). In contrast, ADR is usually a quicker process, in which there is a number of different methods that can be used in resolving a dispute (Cheeseman, 2010). When a study of civil cases handled by the Assistant United States Attorneys (AUSAs) it showed that about 65% of the cases were settled when the ADR was used compared to 29% of when the SDR was not used (Bingham, Nabatchi, Senger & Jackman, 2009). The ADR also helps saving the AUSAs in litigation expenses and hours of preparing. However there are many types of negotiation is always going to be the first method of ADR usage, and many courts will require that each of the parties involved in the given lawsuit try to settle prior to going into trial. If there is no third party used in the negotiation, than a judge goes and reviews the case if a settlement is not reached before consenting a trial (Cheeseman, 2010). Another type is arbitration,