Traditional Litigation vs. Adr

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Traditional Litigation System vs. Nontraditional Forms of ADR Julie Jagger IRN: 9040926350 LAW/531 John Smith School of Business Traditional Litigation System vs. Nontraditional Forms of ADR The traditional litigation system involves resolving disputes inside of a courtroom. The traditional litigation system involves many steps and formalities that comply with procedural rules, including a pretrial litigation process, comprised of pleadings, discovery, dismissals and pretrial judgments, and a settlement conference. After the settlement conference is the actual trial, which can take from one day up to many months depending on the type and complexity of the case. In the final phase of the litigation system is the appeal, where one of the parties appeals to the final judgment of the trial court’s decision. In the traditional litigation system, it usually begins with the plaintiff filing a complaint in court. Then, the defendant or other party needs to offer an answer within a specific amount of time. This is the pleadings process. After the pleadings, a legal process called discovery commences. There are different forms of discovery, including deposition, interrogatories, production of documents, and physical or mental examination. These are all methods to outline the material issues in dispute prior to the actual trial. These are done under court supervision, and allow parties to voluntarily exchange information and documents relevant to the issue, and serve written requests for information on the opposing party. There are several pretrial motions that parties to a lawsuit can make to try and resolve the dispute before going to trial, and this can involve either motion for judgment on the pleadings and motion for summary judgment. In both motions, the parties do not go to court, and resolve the lawsuit according to the pleadings. If there are no pretrial

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