Litigation Compared and Contrasted to Nontraditional Forms of Adr

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Litigation Compared and Contrasted to Nontraditional Forms of ADR Ronald E. Silvera LAW-531 June 25, 2012 Thomas H. Shields III, Esq. Litigation Compared and Contrasted to Nontraditional Forms of ADR The noun litigation as defined in Black’s Law Dictionary states “litigation, n. 1. The process of carrying on a lawsuit <the attorney advised his client to make a generous settlement offer in order to avoid litigation>” (Black, 1999, P. 944). By the definition alone, it appears that settlement is a more preferred option than what could result in expensive time-consuming litigation. Judicial dispute resolution requires the services of highly trained legal professionals that go beyond just the retaining of an attorney or multiple attorneys. An attorney does not work for a client in a vacuum that solely contains a judge and possibly a jury who will determine quickly the outcome of the dispute. An attorney may work with a cast of supporting personnel that could operate out of his or her office and in addition require the services of outside contractors and facilitators to go through the plaintiff’s lawsuit or defendant’s case of plausible rebuttal. In litigation, the client with counsel should discuss of an equation of value. With this equation, the client can analyze the cost, time, and emotional distress that may accrue on his or her journey through the judicial system in quest of a goal that may not come to the anticipated or hoped outcome. One can never predict the reasoning of a judge or jury, or the integrity of either entity. With the most preeminent of counsel comes a litany of characters that will support and help the advocate in his quest to satisfy the patron and bring a decision from the court of law in

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