Traditional and Nontraditional Litigation Essay

1318 Words Jun 5th, 2013 6 Pages
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
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The mediator then sets up separate meetings with each party to discuss settlement offers for both sides. According to Cheeseman, (2010) “If the parties agree to a settlement, a settlement agreement is drafted that expresses their agreement and this ends the dispute” (p. 45). If both parties cannot agree on a settlement they may choose to seek judicial resolution within the traditional litigation system.
Negotiation

Similar to traditional litigation, “in a negotiation, the parties, are often represented by attorneys, who negotiate with each other to try to reach an agreeable solution to their dispute” (p. 44). Negotiations may either occur prior to filing the suit or after. Negotiations may also be used first before using other methods of ADR. With negotiations both parties draft settlement offers and counteroffers. Another similarity between negotiation and traditional litigation is attorneys may acquire information to help settle the dispute.
Using ADR to Reduce Risks

ADR can alleviate and reduce numerous risks to help companies and managers resolve disputes other than using the traditional litigation system. Some methods of ADR may be quicker than using the traditional litigation system. The company may arrange mediation actions sooner than waiting for a court hearing. The traditional litigation system may risk making a bad situation worse for both parties. It could position one side against the

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