Bus Law 531 Week 1

Topics: Dispute resolution, Alternative dispute resolution, Mediation Pages: 3 (676 words) Published: October 20, 2012
Nontraditional and Traditional Litigation Paper

Nontraditional and Traditional Litigation Paper
Business owners know that high ligation costs and lengthy delays make it difficult and expensive to resolve business disputes in court. Alternative dispute resolutions are superior solutions for resolving business disputes and are normally settled before trial, which saves significant time and money. Alternative dispute resolution can be achieved by several approaches, which may include negotiation, mediation, and arbitration. Traditional litigation resolves disputes in the civil court system in which one party loses and one wins. Although litigation and alternative disputes resolution both have advantages, alternative dispute resolution is generally faster and less expensive. This paper will compare and contrast the traditional litigation with nontraditional forms of alternative dispute resolution.

Compare and Contrast traditional and nontraditional litigation Alternative dispute resolution (ADR) over the years has grown in popularity with over 90% of all cases resolved through some form of ADR. The advantages of ADR over trial include such things, as it is less formal and less intimidating. ADR has a more rapid resolution and is less expensive and is normally heard by an arbitrator or mediator. ADR enables parties to address underlying issues and interests. It permits more creative and flexible solutions. Trial by comparison is a more formal process. Traditional litigation requires that a complaint is filed in the court and the plaintiff most respond. This is followed by a pre-trial and a trial in which each party is allowed to present their case and it is settled either by jury or a judge. Trials are also a slower process and require a higher amount of time, more expensive, and as well as stress and emotional disarray. In traditional litigation businesses may get certain documents, testimony, and other evidence, which may not apply to ADR...

References: Business-to-Business Mediation/Arbitration vs. Litigation. (2005, January). National Arbitration Forum,. Retrieved from http://GeneralCommercialWP-1.pdf
Casey, K. R. (2006, August). Experts compare the advantages and disadvantages of litigation and ADR. Stradley Ronon Stevens & Young, LLP, . Retrieved from http://www.stradley.com/articles
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