Traditional and Nontraditional Litigation System - Option I Today's society is very familiar with the process of litigation and all its ramifications. According to Cheeseman, "the process of bringing, maintaining, and defending a lawsuit is called litigation" (2010). Litigation can be defined as the process of taking a case though court. The process is a time-consuming, expensive and challenging procedure that must comply by a predetermined set of rules. It is a process that is emotionally draining and unpredictable.
The trail allows each opposing party is allowed to state or present their side of the case. Either a jury or judge will have the concluding verdict based on their accounts. This procedure of litigation can be very costly with a large amount of time being involved. It can also be very stressful and emotional for both parties well-being along with a lot of turmoil occurring during the process. In contrast, alternative dispute resolution can be less costly and more efficient than the traditional litigation process.
Challenges Because major changes had to be made to their compensation plan to successfully integrate FedEx Express and Ground sales, it is very important to determine the right balance in compensation. The key to creating a good compensation plan is balance between base salary and incentives. Sales compensation can be complex and while there are many ways of approaching it, maintaining a competitive edge in terms of the “right mix” of base salary and compensation is critical. It’s also important to keep in mind that compensation typically ranks very high in importance among sales people. Often, salespeople are heavily motivated by compensation and competitive environments.
With such circumstances, the Social Security Administration employees are still required to “exhibit the values of respect, responsiveness, and reliability in accomplishing this daunting task” (Cropf, Giancola, & Loutzenhiser, 2012, p. 11). There are many issues that attribute the significant backlog that exists within the agency. The two most significant are the “dual factors of technology and insufficient resources,” (Cropf, Giancola, & Loutzenhiser, 2012, p. 11). The case also highlights the appeals process and the client advocacy that takes place after a denial. The need for an advocacy community is a result of the growing backlog and denials of disability cases.
1. International Legal and Ethical Issues Cynthia Debose October 07, 2013 Law/421 University of Phoenix Chontele McIntyre 2. Once an individual completes the simulation, he or she can see that there are many problems concerning the practices, and resolving of international transacts disputes. It was hard trying to work through the difficulties of dealing with two different sets of protective laws. One problem encountered was attempting to develop one agreement that would represent two different companies, each with its own set of government policies regarding business. Every company involved must do its part of resolving any legal disputes, such as drafting a choice-of-law clause.
Case Study: An Unmanageable Case Management Quandary The United States judicial system which includes all local, state and federal courts is one of the most complex systems in the world. Criminal, civil and probate cases are among the few types of cases heard daily. Court administrators are under constant pressure to ensure that defendant’s rights are protected, hearings are calendared and that resolution is acquired in a timely manner. Increases in filings in the criminal and civil divisions along with budgetary constraints have required court administrators to adopt new case management methods. In the instance of the “Unmanageable Case Management Quandary” presented in Justice Administration by Kenneth Peak, court administrators are experiencing high case loads, serious backlog and extended resolution periods.
Gilmore also reveals how these people and events left their mark on history and formed important aspects of the law. He also highlights the major ideas and theories presented during each age of American law. This help give a clear picture of the developing legal system throughout American history. I feel this is an excellent and well written book that successfully attempts to break down the complex system of the developing American law. In chapter one, Gilmore introduces several key aspects that develop American law.
Traditional and Nontraditional Litigation Sammie R. Sanders LAW/531 Monica Cosentino-Benedict September 17, 2012 Traditional and Nontraditional Litigation Over the years, businesses and individuals have the opportunity to use a traditional or nontraditional litigation to help solve issues. Traditional litigation is two or more parties who involve the court system to help resolve disputes; whereas, nontraditional litigation is using alternative dispute resolutions other than the court system to solve disputes. The following paragraphs will guide litigators through both litigation methods. Comparison of the Two Litigation Forms Each form of litigation has its advantages whether it is cost, speed, or results. The client just has to choose the appropriate form for the dispute.
Statutes are extremely complex legal documents, drawn up by highly specialised parliamentary draftsmen. Often, they cannot anticipate every future possible situation the law might apply to, nor give a clear definition to the words they use. This is because our language is often full of natural ambiguities, as can be seen if you look up a word in a standard dictionary. As a result, judges are often called upon to interpret a word or phrase that can be crucial to the outcome of a case they are dealing with. Judges have traditionally used three rules as an aid to interpretation.
Traditional and Nontraditional Litigation Litigation is a problem every organization handles. Litigation, or judicial dispute resolution, is “the process of bringing, maintaining, and defending a lawsuit” (Cheeseman, 2010, p. 35). An organization can follow traditional litigation procedures or it can choose nontraditional litigation, otherwise known as alternative dispute resolution (ADR). Cheeseman (2010) states, “[Traditional] litigation is a difficult, time-consuming, and costly process that must comply with complex procedural rules” (p. 35). ADR is a quicker, easier, and less expensive way to solve disputes, more often used for contractual and commercial disputes.