Traditional Litigation and the Non-Traditional Alternative Dispute Resolution There are many ways to handle a dispute. Many people chose to use the traditional litigation system, which are lawsuit being brought forth in the courts and some people choose alternative routes which may not always be involved in the court. The formal definition of traditional litigation is “the process of bringing, maintaining, and defending a lawsuit. This is also called judicial dispute resolution because courts are used to decide the case” (Cheeseman, 2010). Alternative Dispute Resolution is defined as “methods of resolving disputes other than litigation” (Cheeseman, 2010).
Alternative Dispute Resolution
By far the most common form of ADR is arbitration, however other types of ADR exist such as negotiation, mediation, conciliation, mini-trial, fact-finding, and the use of a judicial referee. “Negotiation is a procedure whereby the parties to a dispute engage in negotiations to try to reach a voluntary settlement of their dispute” (Cheeseman, 2010). Negotiations can go on for an extended amount of time to ensure that both parties are satisfied.
Mediation is another type of ADR in which all parties involved in the issue select and agreed to use neutral third party that assumes the role of an intermediary that between both parties. The sole purpose of this intermediary is to facilitate a settlement between the parties. If an accord is reached by the disputing parties, then a settlement agreement is written and executed by the parties.
Conciliation is a method of ADR frequently used when the parties involve do not wish to face each other in a confrontational venue. In this method an interested party known as a conciliator assists the party’s dispute to reach a settlement. The conciliator facilitates this process by the communicating offers and counter-offers of settlement between the two parties. Traditional Litigation System
The traditional litigation system is where two...
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.
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