Traditional litigation system Vs the non-traditional forms of ADR
University of Phoenix Online
January 16th, 2012
Traditional litigation is the process in which judicial courts decides cases, there are numerous processes involved in the bringing, maintaining, and defending a lawsuit. The parties involved in the disputes can decide to have legal counsel represent them or not.
Traditional litigation are multi facet and cumbersome. The plaintiff files a complaint naming an individual, group or corporation of an offence, then motions are filled for pleadings by the lawyers and discovery takes place. Motions also includes specific details like when, where, and how the law was violated. It contains the specific remedy being sought by the plaintiff and the defendant is allowed to respond to the filling, indicating guilty or not guilty of the charge. Through pretrial judgment certain elements of the suits are tossed out or settled in settlement conference. Outstanding issues then proceed to the judge for trial, where juries may be selected to hear evidences in the case and to the best of the ability reach a verdict. The final judgment of the court is then pronounced by the judge.
Although a plaintiff has the right to sue once an accident happens or a particular law is broken. There is a limit on how long a plaintiff can wait to file a suit, called “statute of limitation” Lawsuits have must be filled within the statute of limitation, otherwise the complainant looses the right to sue. A statute of limitations begins to “run” at the time the plaintiff first has the right to sue the defendant
There is an appeal process that can be followed if unsatisfied but for businesses traditional litigation is a very difficult, time-consuming, and costly process where they must comply with complex...
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