Litigation Paper

498 WordsJul 15, 20122 Pages
In the court system there are two forms of legal cases, criminal, and civil cases. Criminal cases involve government charges and prosecution whereas civil cases involve dispute resolution through monetary settlements or other forms of compensation for damages. In a civil case, the party that initiates the lawsuit is the plaintiff and the party sued is the defendant. Litigation occurs when an individual contest or engage in a legal proceeding in a civil court to resolve a legal dispute. When an individual enters a civil lawsuit, the litigation process begins. There are two forms of litigation, traditional, and nontraditional, or alternative dispute resolution (ADR) system. Traditional litigation starts with a pretrial that includes pleadings, discovery, judgment, dismissals, and settlement. If there is no resolution, the case goes to trial. If the results of the trial are not satisfactory to either party, the case can be appealed. According to Cheeseman (2010), the traditional process of litigation is adversarial, complex, time consuming, and costly (p. 35). The nontraditional form of litigation is ADR where two opposing parties agree to settle the case outside court. ADR process is inexpensive, less complex, and quick to resolve compared to the traditional system. The risk to a business through traditional litigation is the loss from contract or tort liability. Business owners have an increase in exposure because of the high probability of legal issues and liability. Traditional litigation poses a huge risk to the business owner because the company is vulnerable to lawsuits for any given reason. The plaintiff is on a contingency fee basis and the business owner is on an hourly fee basis to defend the case. The business owner must hire an attorney to settle before going to trial or defend a long trial, which the jury decides on the damages. The

More about Litigation Paper

Open Document