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Traditional VS Non Traditional Litigation

Compare and contrast the traditional litigation system (such as suit, answer, discovery, trial, or jury) with the nontraditional forms of ADR (such as mediation, arbitration, negotiation, etc.). Answer the following questions:

What are the risks that businesses and other organizations encounter when dealing with traditional litigation?
Where might ADR be a more appropriate measure in order for business managers to reduce those risks?

1- Identify a business or personal dispute. Provide some brief explanation of what happened, then discuss what legal issues were presented and how they were resolved. Identify the stakeholders in the dispute, and discuss possible ADR options that might be a better approach for the stakeholder to pursue than traditional litigation.

Solution Preview

Nontraditional forms of Alternative Dispute Resolution include mediation, arbitration, and negotiation. It is important that you understand the differences between these types before you fully complete your assignment.

Mediations involve an attempt by the parties to resolve the dispute using a neutral third party. The mediator offers suggestions and negotiates for each party. Mediations are mainly confidential and private. The mediator is called in to help facilitate the parties' own settlement process. In arbitration, the neutral provides the parties with a binding ruling after hearing each side argue its case. Parties, with the help of their mediator, draw up an agreement that will be binding.

Arbitration is initiated when one or more persons have a dispute. Arbitration consists of an attorney or business person with expertise in particular subject areas. The disputing parties control the issues discussed, provide guidelines for relief that is sought and other areas of the arbitration process. The hearing is private and less formal than a court trial. Few awards are reviewed by the courts because the parties have agreed to be bound by the decision.

Negotiation is a process where each party involved in negotiating tries to gain an advantage for themselves by the end of the process. Negotiation is intended to encourage ...

Solution Summary

It is important that you understand the differences between these types before you fully complete your assignment.

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