Traditional litigation system A traditional litigation system refers to dispute resolution through utilizing a civil court system. This system has a basis on an adversarial justice system whereby attorneys have an obligation of representing their clients within the bound laws and canons of professional responsibility. The court's proceedings right from an action's commencement to the trial inclusion are governed by civil procedures and detailed rules which are formal. Alternative dispute resolution (ADR) is a process whereby parties involved in a dispute decide to resolve their own disputes without going to court. The main reason behind this form of dispute resolution is to save on court expenses as it is considered cheaper compared to traditional litigation systems (What is the meaning of Traditional litigation system n.d).
This style of communication involves mutual influence and can be defined as a distinctive and transactional form of communication between individuals, usually with the purpose of maintaining relationships (Beebe, Beebe & Redmond 2014). Productive interpersonal communication is necessary for mutual understanding and satisfaction to be achieved between lawyers and their clients. Feedback is a communication skill, used as a response to a message, which encompasses written, spoken and unspoken communication elements, to which people assign meaning. Without this skill, communication becomes a struggle, reducing its effectiveness, which, can have devastating consequences for the relationship between lawyers and clients, and the progression of the case. Feedback is implemented for the purpose of either gaining additional information, or as a confirmation that a message has been received correctly (Beebe, Beebe & Redmond 2014).
A complaint is a written account of the victim’s legal claims against the defendant if the letter is not sent out. Depending on where the case is that is where the compliant has to be filed out. After the lawsuit has begun, all parties may need depositions of everyone that have imperative information that has to do with the case. Some cases people are interviewed about the situation. The deposition is recorded, and it most likely happens at the attorney’s firm without a judge being there.
Every company involved must do its part of resolving any legal disputes, such as drafting a choice-of-law clause. Drafting this clause is a good beginning because it helps both parties protect and define specific laws. If a legal dispute does arise both parties may want to consider other options before taking any legal actions, options like; the original contract, the partnership, relations and investments with the country in which the company is located, and government laws where business is transacted. A factor that may not have a favorable outcome
Using this analogy of the criminal or civil court makes it easy to understand that philosophical arguments are not meant to become court room brawls. Respectful demeanor is expected of all those involved and at all times. Intimidation or threats of physical force are out of the question in these circumstances. Even though emotional investments on the sides may be strong to let emotion over come reason would not work in one’s favor. Contempt of court would be a judgment made of any violation of the court’s rules and
In this method each person, Carl, Brian and Jenny, would have the opportunity to “plead their case” before a non-biased individual or panel and who would hear FastServe’s justification for the decision of whom to layoff and a final judgment would be made. Again this form of conflict resolution was seen as inappropriate due to the fact the organization had already made the decision to downsize and therefore, would not be open for a change of plan. The most logical solution therefore, was to use mediation to assist in reducing the risks associated with the potential conflicts. The process of mediation has all concerned parties sitting together and discussing the best options for the parties
This power and influence leads to strong communication skills amongst the group. Some techniques that are frequently utilized are unilateral decisions, adversarial proceedings, and negotiations between one another. Occasionally, there are outside factors that may create disruption to the courtroom workgroup goals such as non-cooperation of a witness, non-cooperation of a defendant, evidence being improperly processed, etc. However, more often than not, the courtroom work group’s plan is to establish stable and familiar relationships amongst the group members which are likely to lead to close working relationships. Close working relationships in turn lead to better negotiations, less reliance on formalities, more utilization of informal arrangements, and the creation of cooperative
ADR Team Clause 1 Running head: ADR TEAM CLAUSE ADR Team Clause ADR Team Clause 2 ADR Team Clause With a surfeit of litigations consuming our legal system, the Alternative Dispute Resolution (ADR) has provided disputing parties with various non-traditional means of legal resolution to their disagreements; thus avoiding the complexities and expense of the court process (Jennings, 2006). The ensuing passages will discuss the purpose and provisions of the ADR clause for the LAW/531 Learning Team (L5LT). Teams can be an embodiment of individuals with diverse characteristics
Alternative Dispute Resolution Clause Alternative Dispute Resolution Clause Alternative Dispute Resolution (ADR) involves a multitude of procedures used to resolve disputes quicker, at less cost, and for greater outcome for the individuals involved than may be possible through court litigation. The use of ADR must be consensual between the parties involved. “The use of Alternative Dispute Resolution is the preferred way to resolve the dispute if: (1) Have settlement discussions reached an impasse? (2) Have ADR techniques been used successfully in similar situations? (3) Is there disagreement over technical data, or a need for independent, expert analysis?
Does this perspective engage all the relevant parts of the system? No, because this is more surveying then it is anything else. 2. Does this perspective find resources in the system to help the conflict move from the sphere of hard to value? Peacekeeper can keep the two parties working together and help avoid