Traditional And Non-Traditional Litigation Essay

1039 Words5 Pages
When an individual in the United States feels they have been wronged and wishes to recover damages, they have several options. Two of those options are traditional litigation and/or alternative dispute resolution also known as ADR. Traditional litigation is the traditional path to pursuing a lawsuit. ADR is a means of settling the dispute outside of the often expensive judicial system. This paper will compare and contrast these two options and provide an understanding of the process of each. Traditional Litigation The bringing, maintaining, and defense of a lawsuit are generally referred to as the litigation process, or litigation (Cheeseman, 2010). The litigation process consists of pretrial litigation, trial, judgment, and appeal (if necessary). The litigation process can take a lot of time and can become very expensive. The pretrial litigation process alone can be divided into the following major phases: pleadings, discover, dismissals and pretrial judgments, and settlement conference. Pretrial Litigation Pleadings The first part of the litigation process is known as the pleadings. The major pleadings are the complaint, the answer, the cross-complaint, and the reply (Cheeseman, 2010). To initiate the lawsuit a complaint must be filed with the court by the plaintiff naming the parties involved, the alleged violation of the law, and a remedy to be awarded. Once the complaint has been filed, the court issues a summons ordering the defendant to appear in court and answer the complaint. After the complaint is filed, the defendant must file an answer to the complaint. The defendant will either answer admitting guilt or denying the allegations. If the defendant admits to the allegations a judgment will be entered against the defendant and the case is over. If the defendant denies any or all of the allegations in the complaint then the case
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