Traditional Litigation and Nontraditional Forms of Adr

847 Words4 Pages
I would like to begin by giving a brief definition of traditional litigation and nontraditional forms of ADR so that you will have a better understanding of the two. By giving you the definitions, you will be able to distinguish the two and better understand which of the two will fit your needs better, if ever needed. “Society is familiar with litigation and its ramifications. One hires an attorney and files a lawsuit requiring the other to hire an attorney and defend the lawsuit. Litigation is expensive, time consuming, emotionally draining and unpredictable. With litigation, you never know the outcome until a judge or jury decides.” (termpaperwarehouse.com para1) The traditional litigation system works to resolve disputes using the civil court system and may include aspects such as a jury, discovery and trial. This system also utilizes an adversarial system of justice that includes attorneys representing clients. Attorneys provide legal advice by representing the positions of their clients through court hearings, procedures and any other court actions as well. Courtroom processing’s include but not limited to a commencement of actions including a trial, all of which are administrated by detailed and formal rules of civil procedure. One important risk that business and other organizations take when using the traditional litigation system is the outcome. They do not know the outcome until a judge or jury decides, this can be costly, time consuming and very unpredictable. Another risk that a company can take is the attorney they hire. By this I mean, they may only be able to afford an attorney that may not be qualified or under qualified for the job. When this happens they stand a chance of losing not only time but expensive fees as well. In litigation, before the trial, there is pretrial litigation, which consists of several phases such as

More about Traditional Litigation and Nontraditional Forms of Adr

Open Document