Traditional And Nontraditional Litigation System -

650 Words3 Pages
Traditional and Nontraditional Litigation System - Option I Today's society is very familiar with the process of litigation and all its ramifications. According to Cheeseman, "the process of bringing, maintaining, and defending a lawsuit is called litigation" (2010). Litigation can be defined as the process of taking a case though court. The process is a time-consuming, expensive and challenging procedure that must comply by a predetermined set of rules. It is a process that is emotionally draining and unpredictable. In a litigation, one person hires an attorney and files a lawsuit. The other party will hire an attorney to defend that lawsuit. The attorney will provide legal advice and will represent the position of the client in the court hearings. In litigations, the parties usually communicate through attorneys. Sometimes the court sets temporary terms and conditions regarding finances, or children or other possible areas considered relevant to the lawsuit. The parties have to follow these conditions during the pendency of the lawsuit. This process can involve the use of various formal legal procedures, including "discovery", to secure financial or other relevant information regarding one's financials, assets or debts. Discovery can use dispositions or subpoena of documents that may be believed to be relevant to the lawsuit. When one has a litigation, that person will not know the outcome until the judge or the jury decides. Alternative dispute resolution (ADR), are growing more and more popular as methods to resolve some of the shortcomings a litigation is facing. The alternative dispute resolutions include different forms of nontraditional litigation, such as negotiation, mediation, arbitration, conciliation, and mini-trial. Arbitration and meditation are the most common forms of alternative dispute resolutions. They use a neutral third
Open Document