Law 531 Business Law
October 17, 2011
Nontraditional and Traditional Litigation
“Litigation is the bringing, maintaining, and defense of a lawsuit” (Cheeseman, 2010). There are two forms of litigation: traditional and nontraditional. The pretrial process is divided into pleadings, discovery, dismissals and pretrial judgments, and settlement conference. This is followed by the trial proceedings and appeals, if applicable. Nontraditional litigation includes ADR, alternative dispute resolution. “The most common form of ADR is arbitration” (Cheeseman, 2010). Other forms include negotiation and mediation. It is up to management to determine which form of litigation is appropriate for the organization.
“The paperwork that is filed with the court to initiate and respond to a lawsuit is referred to as the pleadings” (Cheeseman, 2010). The process of the pleadings is the complaints, the answer, the cross-complaint, and the reply. All lawsuits start with a complaint. The answer must be filed by the defendant. In some cases, the defendant can file a cross-complain, or countersuit, against the plaintiff. The plaintiff must then file a reply. During discovery, both sides find the facts to defend their cases. When these steps are complete, the trial is ready to be heard. During the trial, juries are selected, opening statements are made, and both sides present their cases. In this case, the jury will pass down a verdict and the judge will decide the settlement upon accepting the verdict. The losing party will have chances to appeal if the findings are not to their liking. When dealing with traditional litigation, businesses and other organizations must take into consideration the amount of money needed to go to trial and any negative attention that may occur.
“The simplest form of alternative dispute resolution is engaging in negotiations between the parties to try to settle a dispute”...