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Traditional Litigation System vs nontraditional forms of ADR

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Write a paper in which you compare and contrast the traditional litigation system with the nontraditional forms of ADR.


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Traditional litigation system

A traditional litigation system refers to dispute resolution through utilizing a civil court system. This system has a basis on an adversarial justice system whereby attorneys have an obligation of representing their clients within the bound laws and canons of professional responsibility. The court's proceedings right from an action's commencement to the trial inclusion are governed by civil procedures and detailed rules which are formal. Alternative dispute resolution (ADR) is a process whereby parties involved in a dispute decide to resolve their own disputes without going to court. The main reason behind this form of dispute resolution is to save on court expenses as it is considered cheaper compared to traditional litigation systems (What is the meaning of Traditional litigation system n.d). However, the traditional litigation system and the alternative dispute resolution are all forms of dispute resolution.

There are four main forms of alternative dispute resolution such as; negotiation, mediation, conciliation, and arbitration. Mediation refers to a form of dispute resolution whereby ...