traditional litigation resolves disputes in the civil court system in which one party loses and one wins. Although litigation and alternative disputes resolution both have advantages, alternative dispute resolution is generally faster and less expensive. This paper will compare and contrast the traditional litigation with nontraditional forms of alternative dispute resolution. Compare and Contrast traditional and nontraditional litigation Alternative dispute resolution (ADR) over the years has grown in popularity with over 90% of all cases resolved through some form of ADR.
The advantages of ADR over trial include such things, as it is less formal and less intimidating. ADR has a more rapid resolution and is less expensive and is normally heard by an arbitrator or mediator. ADR enables parties to address underlying issues and interests. It permits more creative and flexible solutions. Trial by comparison is a more formal process. Traditional litigation requires that a complaint is filed in the court and the plaintiff most respond. This is followed by a pre-trial and a trial in which each party is allowed to present their case and it is settled either by jury or a judge.
The Essay on Traditional Litigation vs. Adr
... traditional litigation would seem the more appropriate method to resolve the dispute. ADR “Almost 90% of all cases resolved through some form of ADR before trial ... (Harms, 2011. ” Alternative dispute resolution or ADR typically involves ...
Trials are also a slower process and require a higher amount of time, more expensive, and as well as stress and emotional disarray. In traditional litigation businesses may get certain documents, testimony, and other evidence, which may not apply to ADR cases. Risks with traditional litigation Traditional litigation for businesses can be a frightening experience, which may have significant cost and potential liability for any size business. Businesses must be concerned about the risks involved with litigation such as an emotional toll of long-term litigation, substantial monetary loss, and loss of business.
Normally the average lawsuit in the court system take approximately two years to resolve whereas the average ADR can be as short as five to six months. Trials in the traditional litigation process are public. Mediation is entirely confidential. And many litigants in business-to-business disputes like the fact that arbitration hearings and proceedings are private, and that this can be made a part of the arbitration agreement (“Business-to-Business Mediation/Arbitration vs. Litigation,” 2005).
If valuable evidence exists only in the form of hearsay or handwritten notes that may not be permissible in trial, ADR may be a better choice. Parties that have ongoing business relationships should consider ADR instead of traditional litigation to preserve ongoing relationship and their reputation. Litigation and trials tend to do damage to ongoing relationships. ADR allows for both parties to have a say so in the outcome. Conclusion Mediation and arbitration can save businesses time and money in resolving business disputes with greater control over outcomes and confidentiality.
ADR will never replace traditional litigation; it does however provide a cost- effective, time-effective adjudication method. Careful drafting of an agreement before arbitration is imperative for all parties. Mediation and arbitration is considered a way of providing excellent solutions for resolving business disputes. Mediation puts the parties in control of the outcome without expending large many resources on litigation process. Arbitration is endorsed by the Congress and is a means by which to get legally binding decisions in less time and at lower cost than the court system.
The Essay on Traditional and Nontraditional Litigation
... than using the traditional litigation system. Some methods of ADR may be quicker than using the traditional litigation system. The company may arrange mediation actions sooner ... of ADR are negotiation, conciliation, mini-trial, fact-finding, and using a judicial referee. Arbitration Arbitration is commonly used by most businesses. With arbitration the ...
ADR are processes, which are more flexible and more adaptable, capable of accommodating the particularized needs of disputants, the business community, and society at large. References Business-to-Business Mediation/Arbitration vs. Litigation. (2005, January).
