Traditional Litigation & Forms of Adr
Non-Traditional & Traditional Litigation Paper
Sandya Kuttappa
LAW/531 Business Law
26th March 2012
Instructor: Dr. Linda Fried
Introduction Laws have been the crux of every society. Even during primordial times laws were being created and designed to ensure that the existing society had a semblance of order and cognition amongst its people. New rulers and governments invented their own system that was prevalent to that day. The aim of this paper is to contrast the Traditional Litigation System and The Non-Traditional Forms of Alternative Dispute Resolution (ADR) and explain why both these systems are important parts of the legal system.
The Traditional Litigation System
‘The process of bringing, maintaining, and defending a lawsuit is called litigation’ (Cheeseman, 2010). The traditional system of litigation involves various phases, which include suit, answer, discovery and trial or jury.
In order to start the process of litigation the person who is suing, called the plaintiff, should raise a suit against the offender called the defendant, by filing a complaint in court. The complaint should list the parties, state the charges and laws violated, and have a prayer for relief. This is sent by the court in the form of summons, to the defendant, who has to provide an answer to the court admitting or denying some, or all the charges. Admission of guilt results in the court entering a judgment against the defendant. However, if defendants feel they have been wronged by the plaintiff, a cross-complaint may be filed against the original plaintiff, who has to then serve the defendant with a reply stating objections or acceptance (Cheeseman, 2010).
The legal process whereby both parties gather information from other parties and witnesses prior to the trial is called discovery. This process is done to expedite settlement of the case, prevent any surprises, save the court’s time, prepare thoroughly for the trial and
Sandya Kuttappa
LAW/531 Business Law
26th March 2012
Instructor: Dr. Linda Fried
Introduction Laws have been the crux of every society. Even during primordial times laws were being created and designed to ensure that the existing society had a semblance of order and cognition amongst its people. New rulers and governments invented their own system that was prevalent to that day. The aim of this paper is to contrast the Traditional Litigation System and The Non-Traditional Forms of Alternative Dispute Resolution (ADR) and explain why both these systems are important parts of the legal system.
The Traditional Litigation System
‘The process of bringing, maintaining, and defending a lawsuit is called litigation’ (Cheeseman, 2010). The traditional system of litigation involves various phases, which include suit, answer, discovery and trial or jury.
In order to start the process of litigation the person who is suing, called the plaintiff, should raise a suit against the offender called the defendant, by filing a complaint in court. The complaint should list the parties, state the charges and laws violated, and have a prayer for relief. This is sent by the court in the form of summons, to the defendant, who has to provide an answer to the court admitting or denying some, or all the charges. Admission of guilt results in the court entering a judgment against the defendant. However, if defendants feel they have been wronged by the plaintiff, a cross-complaint may be filed against the original plaintiff, who has to then serve the defendant with a reply stating objections or acceptance (Cheeseman, 2010).
The legal process whereby both parties gather information from other parties and witnesses prior to the trial is called discovery. This process is done to expedite settlement of the case, prevent any surprises, save the court’s time, prepare thoroughly for the trial and
References: Cheeseman, H. R. (2010), Business law: Legal environment, Online Commerce, Business Ethics, and International Issues (7th ed.), Ch 34; Upper Saddle River, NJ: Prentice Hall. Christenstock (n.d.), Litigation, Torts, and Liability: Measuring Risk and Managing It, Retrieved March 26, 2012, from http://christenstock.hubpages.com/hub/Traditional-Litigation-Risks-That-Businesses-will-Encounter Harms, S., (2011), Traditional Litigation Versus Alternative Dispute Resolution (in collection case) Retrieved March 26, 2012, from http://www.jdsupra.com/post/documentViewer.aspx?fid=14952ae0-8a10-4f6f-aa04-fc6fd1504df5 Sherman A.J., Partner, Morin D.S. & Oshinsky LLP (n.d.), Alternatives to Litigation Retrieved 26th March 2012 from http://www.entrepreneurship.org/en/resource-center/alternatives-to-litigation.aspx Academic Journal