Litigation Law Essay

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Litigation and ADR LAW/531 Matthew Anderson Pamelya Herndon University of Phoenix October 16, 2011 When one hears the word, “litigation,” he/she immediately thinks of lawsuits. According to Cheeseman (2010), “the bringing, maintaining, and defense of a lawsuit is generally referred to as the litigation process.” Interestingly, litigation has another name, Judicial Dispute Resolution, because courts are often used to decide cases. It is essentially the process whereby an individual or entity brings a suit before a judge and seeks settlement or compensation for any damages that have been inflicted by the opposing party. Alternative Dispute Resolution (ADR), on the other hand, provides both parties a venue to resolve disagreements or disputes outside of the court of law. ADR is also known as “External Dispute Resolution,” which allows the parties to settle disputes with/ without the help of a third party Both Alternative Dispute Resolution and litigation are somewhat similar because they are both part of a process designed to resolve disputes between parties that they have not been able to resolve on their own. However, one of the most important differences between litigation and ADR is: in litigation, either party has a constitutional right to appeal a ruling if he/she disagrees with it or feels the court has made a mistake, whereas in arbitration, both parties have to accept the arbitration’s decision whether or not they like it. The result of an arbitration proceeding is generally not appealable to the courts because parties usually only arbitrate when they have agreed to arbitration at the time they enter the contractual arrangement that has given rise the dispute being arbitrated. The courts generally respect the parties’ decision to have any

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