Traditional and Nontraditional Essay
Monday April 9th 2012
Traditional and Non-traditional Litigation Option 1
In America a person has a choice as to how they want to file a lawsuit. The petitioner can file a suit through traditional forms of litigation such as the judicial dispute resolution) or by using non-traditional forms like alternative dispute resolution or ADR. Below I will talk about the judicial dispute resolution system.
The Judicial Dispute Resolution (JDR) The judicial dispute resolution has four important phases: pleadings, discovery, dismissals and pretrial judgments, and settlement conference (Cheeseman, 2010). In the pleadings phase the plaintiff files documents to the …show more content…
Alternative dispute resolution (ADR) is a method used to resolve disputes through arbitration, negotiation, mediation and conciliation, fact-finding and using a judicial referee (Cheeseman, 2010). The easiest form of ADR is having both parties negotiating to try to settle a dispute. During this process parties make offers and counteroffers to each other if a settlement is agreed upon parties have to sign an agreement called a settlement agreement. The most common form of ADR is arbitration; this is where parties choose and impartial third party to listen to and make a decision on the dispute. The third party is an arbitrator who is usually a member of the AAA (American Arbitration Association). Mediation is a type of negotiation where the neutral third party (a mediator) assists the parties in reaching an agreement. Conciliation is where a conciliator helps the parties try to reach an agreement without meeting each other face-to-face. A mini-trial is a voluntary private proceeding where lawyers from each party present a short version of the case to the representatives of each side (Cheeseman, 2010).In fact-finding a neutral third party investigates and gets evidence and prepares a report of their findings. This person is not allowed to make a decision or an award to either side. The Judicial referee is appointed by the court to conduct a private trail and give judgment for the case. ADR is a less formal method that is not as