March 18, 2013
Traditional and Nontraditional Litigation Introduction In the United States there are traditional and non-traditional litigation systems. There are many advantages and disadvantages to both systems. “Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration.” (Cornell University Law School, 2012)
Non-Traditional Litigation System The nontraditional litigation is an alternative dispute resolution to the traditional litigation system. This type of resolution can save both parties a lot of money and keep the dispute out of the court system. The most common forms of the nontraditional litigation system are mediation, negotiation, conciliation, and arbitration. Most cases do end in a resolution that both parties can agree too. The simplest solution the dispute would be negotiation. During this process both parties can make offers and counter-offers in order to reach an agreement. During arbitration an arbitrator is hired and can help mediate both parties and provide an unbiased solution to the dispute. The biggest advantage of using the non-traditional system is that is can save both parties a lot of money. Lawyer fees can be quite costly and can add up over an extended period of time. Another advantage is that the dispute can be resolved in a fraction of the time versus going through the court system. By agreeing to a form of negotiation both parties can come to an agreement. In the traditional litigation system both parties fate is up to a judge or the jury, and can take years before a decision is made. More and more companies and individuals are turning to the non-traditional system first and trying to reach an.
Traditional litigation system and Alternative dispute resolution a number of legal ways are available to organizations to solve disputes without the need for a formal and traditional process of litigation. Various forms of mediation, private judging, mini-trials, and moderated settlement conferences are available to companies, unable to independently to resolve their disputes but who wish to avoid the expense and delay of the full litigation process (Sherman, 2011). Organizations prefer alternative dispute resolution to traditional litigation for different reasons; with alternative dispute resolution, the organization information, trade secrets, and other confidential information are not subject to a judicial process, in which any person, media, or organization would have the right of access. Access to the information would give the competitors some advantage because they would be able to misappropriate use of the confidential information. A traditional litigation process often results in public disclosure of organizations information and ADR procedures would allow the parties to resolve the disputes but better protecting confidential information. The traditional litigation processes do not allow achieving satisfactory negotiated results, and the free access to the confidential information can result in high monetary costs, which can affect the organizations bottom line. Alternative dispute resolution give the litigants the opportunity