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Traditional And Non Traditional Litigation Essay

692 words - 3 pages

Traditional and Non-Traditional Litigation

LAW/531
May 21st 2012


Traditional and Non-Traditional Litigation
Traditional and nontraditional are two sides of a coin as the main purpose of both is to reach at a resolution; however the strategies, and procedures adopted by them are different. Many cases nowadays do not reach the trial stage hence it is very crucial to understand the alternate methods of dispute resolution (ADR) just as the traditional litigation system is popular.

Comparison- Traditional and Non-Traditional Litigation.
Litigation is ...view middle of the document...

Judicial or traditional litigation process is a lengthy process that involves selection of jury or the judge if any of the involved parties request, the plaintiff’s case, closing arguments, the rebuttal and the rejoinder, jury instructions, the defendant’s case, jury deliberations and verdict and the entry of judgment.(Cheeseman, 2010).
As opposed to the traditional litigation form, ADR is a very efficient and faster process with a lot of alternative methods to resolve the disputes. A study conducted by the Assistant United Attorneys reveals 65% cases were settled with the utilization of ADRs compared 29% unsettled due to the non utilization of ADRs, and use of ADR also a great deal of litigation expenses and preparatory time.( Bingham ,Nabatchi, Senger & Jackaman, 2009). It is also highlighted that the outcomes of the disputes resolved by ADR were similar to the outcomes derived by the judicial litigation processes (Bingham,2009).
Negotiation is the most commonly used form of ADR and many courts require the parties to make out of court settlements prior to presenting the case for a trial. There is not involvement of a third party in the negotiation process; however the judge does review the case if the settlement is not made before presenting the case for a trial. (Cheeseman, 2010).
Mediation is also a method used in ADRs. A mediator is a neutral third party is...

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