Litigation v Adr

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Running Head: LITIGATION V. ADR Litigation v. ADR Rogelio Ramirez LAW 531 November 28, 2011 Instructor CHRISTINE BENWAY This compilation will briefly compare and contrast the litigation system to Alternative Dispute Resolution (ADR) and offer examples of the pros and cons of each. Even though ADR may not be able to resolve complicated matters that otherwise may determine resolution through normal litigation, the use of the court systems to resolve business and other disputes can take years and cost thousands, or even millions of dollars in legal fees and expenses. Because ADR avoids interruptions and costly court fees for businesses and complaining parties, ADR is a better and more reasonable method to resolve issues as it salvages relationships between the parties. Arendt (1997-2001) website, “No civilization would ever have been possible without a framework of stability, to provide the wherein for the flux of change. Foremost among the stabilizing factors, more enduring than customs, manners and traditions are the legal systems that regulate our life in the world and our daily affairs with each other,” ADR and litigation both exist so that civilization can have the flexibility for change and ease of disputes between parties. Litigation is the process of bringing, maintaining, and defending a lawsuit, (Cheeseman, 2010). As mentioned above, litigation is a costly time consuming method of settling a dispute between parties that must follow multifarious processes and guidelines. Most parties acquire the services of a lawyer to navigate through the complex legal process; however, it is not necessary. The pretrial litigation begins with the following process: • Pleadings – paperwork filed with the court to begin the legal process that includes the complaint, the answer, the cross-compliant, and the reply. • Discovery – allows parties to prepare for
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