Traditional and Nontraditional Litigatopm
Law531/Business Law
June 18, 2012
Gregory Schumacher
Traditional and Nontraditional Litigation
According to Cheeseman (2010) the process of bringing, maintain, and defending a lawsuit is called judicial dispute resolution. It is a formal ways of handling legal proceeding that involves litigation when a business is accused of wrongdoing. This traditional form of litigation may involve lawyers, but it is not required to represent them in a lawsuit. Most litigation process has several stages, such as discovery, trials, and judgment. Acquiring a lawyer to represent the company in this lengthy process is important to comply with the legal requirements of the court system. Traditional litigation is time consuming and financially expensive to business, to avoid courtroom litigation business are using alternative methods, which are financially cost effective to the company.
Nontraditional litigation is an alternative form of legal processing to decrease cost and reduce time consuming court battles. This process is called Alternative Dispute Resolution (ADR), which is a valuable tool to resolve contract disputes and daily operational issues within the company. Arbitration is another form of dispute resolution that the court system or businesses may use to avoid going to court. Both parties must agree on having a neutral third party listening to both side of the problem and determine the best solution for both parties. Third party arbitrators are lawyer with experience in handing arguments between both parties. They are given an outlines of their complaints with an alternative resolution to the legal issues.
Litigation Risks for business
There are risk factors that business will encounter when dealing with traditional litigation, such as expenses and adhering to the court order that the legal system has in place in relationship to court time to address the issues of both parties. Having a business in a legal proceeding...