Traditional and Non-Traditional
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Week 1: Traditional and Non-traditional
LAW 531
Introduction
Disputes are inevitable in the business world but how a company handles these disputes can determine the profitability of the company. The traditional litigation system has some similarities and differences from non-traditional forms of Alternative Dispute Resolutions; also known as ADR. First litigation is the process of a lawsuit. The traditional litigation system can be very expensive and time-consuming that deals with a great deal of rules. The process of the traditional litigation system caused an alternative methods to be developed. These new methods fall under the name alternative dispute resolutions and tend to be less costly and time-consuming than the traditional method.
Litigation
The traditional litigation process is a long process because of all the steps a company must go through. There are also major risks that a company faces with using this traditional form. Even before the litigation begin there are steps that must be followed. There are the pleadings, discovery, dismissals and pretrial judgments, and settlement conference. All these processes delay the judgment, and a company may still need to go to trial. If a company can not get a summary judgment then the company may use of more time in jury selection in cases of jury trials. A jury may take weeks to decide an outcome, and there are always chances for appeals (Cheeseman, H.R., 2010).
Alternative Dispute Resolutions
Alternative dispute resolutions options are use because the traditional litigation systems can take a great deal of time and some cases can be settled through these alternative methods in less time and for less overall costs. There are many alternative forms these include arbitration, negotiation, mediation, conciliation, and among others (Cheeseman, 2010). These methods can save the company from having business interrupted due to litigation. Allows parties to solve problems in a single procedure.
Similarities
The traditional and non-traditional methods same many similarities between them. One such similarity is that in some cases it is still a third party making the judgment on the dispute or assisting in coming to an agreement, and this is true for litigation, arbitration, mediation, and a few others. For example in the traditional system a jury may be the impartial party making the decision for or against the company whereas in the alternative dispute form arbitration, a third-party also makes the decision. Both litigation and arbitration allow appeals as long as in arbitration the parties did not agree to a binding arbitration (Cohen, 2003). The binding arbitration is where both parties agree “to be bound by the arbitrators decision