Litigation Law 531

Topics: Alternative dispute resolution, Dispute resolution, Pleading Pages: 3 (814 words) Published: August 24, 2013
Litigation
Student Name
LAW/531
Date
Instructor

Litigation
Disputes are settled by various means every day. This paper will consider the process of traditional litigation and alternative dispute resolution in settling those disputes. Knowing the advantages and disadvantages is important when deciding what process to employ in settling a dispute. Traditional Litigation

Traditional litigation can be a long and expensive process. Filing a complaint starts the process. This action will cause the courts to issue a summons to the defendant with a description of the complaint by the plaintiff. Once the summons is received, the defendant will than answer the complaint. A court enters a judgment against the defendant if allegations are admitted. However, if the defendant denies even one some of the allegations the case will proceed through the next steps of the judicial process. The defendant may file a cross-complaint against the plaintiff. This action will initiate a need for a response from the plaintiff to answer the defendant’s allegations. This will end the pleading stages and will lead to the discovery stage. The process of discovery begins as each side takes steps to discover information relevant for trial. Discovery can be long and tedious. Each side produces a list of documents relevant to the case. This process can be time-consuming to business owners, manager, and employees as documents are sifted through and copied. All communication flows through the lawyers of one side to the other. Depositions are requested of any parties that may have knowledge pertaining to the lawsuit. Lawyers for present at the depositions to ensure their client’s legal rights are not violated. Each step takes time as parties are provided with sufficient time to answer each step. The discovery process allows each side to see their opponent strengths and weaknesses. Settlements may be discussed to overt a trial if one side sees there is slim chance of winning...

References: Cheeseman, H.R. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, NJ: Pearson Prentice Hall.
Erickson, D. L., & Bowen, P. (2005). Two Alternatives to Litigation: An Introduction to Arbitration and Mediation. Dispute Resolution Journal, 60(4), 42-48.
Skaff, S. (2007). Alternative Dispute Resolution. IP Litigator, 13(3), 39-41.
Somers, B. (2010). Mediation provides low cost solution for dispute resolution. Fort Worth Business Press, 22(23), 14.
United States Securities and Exchange Commission. (2012). Arbitration. Retrieved December 15, 2012, from http://www.sec.gov/answers/arbproc.htm
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