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Traditional Litigation System Vs. Alternative Dispute Resolution

Autor:   •  February 22, 2012  •  Case Study  •  910 Words (4 Pages)  •  1,564 Views

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Traditional Litigation System vs. Alternative Dispute Resolution

In the USA, a petitioner can choose either to bring a lawsuit through traditional litigation (judicial dispute resolution) or by using alternative dispute resolution (non-judicial dispute resolution). Judicial dispute resolution aggregates four major phases: pleadings, discovery, dismissals, and pretrial judgment, and settlement conference. On the other hand, the alternative dispute resolution (ADR) is a process to resolve disputes through negotiation, arbitration, mediation, conciliation or mini-trial. Both systems have its specific characteristics. The traditional litigation process is expensive, slower, heard, and decided by a judge, and the judgment is enforceable through the court system. The ADR process is less formal, less expensive, based on opinion, less time-consuming, and can be either binding or not binding.

The judicial dispute resolution encircles pretrial litigation process. The process comprehends:

1. Pleadings

2. Discovery

3. Dismissals and pretrial judgments

4. Settlement conference

During the pleadings phase, the plaintiff submits the paperwork to the court, initiate, or responds to a lawsuit. The pleading process constitutes the complaint, the answer, the cross-complaint, and reply. The plaintiff files a complaint in the proper court that embodies the names of the parties, facts, and violated laws. The defendant either admits or denies the allegation. The defendant may file a cross-complaint against the plaintiff. The plaintiff must respond to defendant cross-complaint, it is called reply.

After the pleadings process, the parties engaged in various activities to discover the facts from other party, and witnesses. The discovery process prevents surprises, allows involves parties to prepare for the trial, preserves evidence, saves court time, and promotes settlement of the case. The discovery process associates:

• Deposition

• Interrogatories

• Production of documents

• Physical or mental examination

The motion for judgment on the pleadings, and motion for summary judgment are two major motions that a party can exercise to dispose all or part of a lawsuit. The motion to judgment may file by either party. The motion asserts that if all the facts presented in the pleadings are true, the party bringing the motion will win. On the other hand, the motion for summary judgment proclaims that no factual dispute has to be decided by the jury or judge, and the judge should apply relevant law to the undisputed facts and decide the case.

Federal and most state court rules


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