Individual: Dispute Resolution and Individual Paper / Adr Clause

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Comparing and Contrasting Litigation and Nontraditional or ADR
Individual Paper/ADR Clause
Professor Lillian Hill Waston
Business Law 531
Jan. 15, 2013

Litigation is time consuming, difficult, and costly process requiring strict rules to be observed. Litigation uses the court system to resolve disputes between parties. Litigators are trial attorneys that represent clients. The plaintiff claims that the actions of the defendant cased harm. The alternative to litigation is nontraditional or alternative dispute resolution (ADR). Alternative dispute resolution can be used in context of negotiation, mediation, and arbitration. In this essay I will compare and contrast litigation to non traditional forms of alternative dispute resolution. Litigation, controversies that are legally authorized and decided by the court of law are called lawsuits. Litigation is when one individual or organization sues another for damages. The reason why an individual or organization enters into a lawsuit is to enforce a right or remedy an injustice. During an ongoing trial respondent, petitioners, applicants, defendants, and plaintiffs are all called litigants. The litigants can represent themselves or hire legal counsels who are called litigators. An experienced attorney has the knowledge of the policies, rules, and laws that govern the litigation process. The litigation process is composed of phases to include: pleading, answer, discovery, motion, and trial. In the pleading phase a petition or complaint is served to the defendant. The defendant files their answer and requests information regarding the case. In the discovery phase information is exchanged and reviewed. The oral discovery phase or deposition is when both parties ask each other questions that are transcribed by a court reporter. In the motion phase either party may ask for a dismissal or mediation. The last step in the litigation process is the trial when the dispute is resolved by a judge or jury. As for risk of litigation, litigation proceeding are risky because they could have a negative impact on an individuals or organizations image. Litigation is a costly process and can have a negative impact on an organizations bottom line. Litigation can also be aggravating and inconvenient. Court orders to produce documentation can drain resources away from an organization more profitability obligations. The organization may loss time that could have been spent creating more profits. Confidential records may become public record hurting relations between the business and its customers. The organization maybe forced by the court to declare bankruptcy and shut down. The judge and jury may not be sympathetic to the organizations case. Alternative dispute resolution enables individuals and organizations attempt to…