Traditional Litigation vs. Alternative Dispute Resolutions

726 Words Nov 4th, 2011 3 Pages
Traditional Litigation versus Alternative Dispute Resolutions
Carla deRomano
Bus. Law 531
October 3, 2011
Professor Gray

Traditional Litigation vs. Alternative Dispute Resolutions Traditional litigation is the process of resolving disputes in the civil court system which is based on the adversarial approach a head-to-head battle in which one individual wins and the other individual loses. However now more commonly found in many cases is the utilization of Alternative Dispute Resolutions, also known as ADR. This discussion will briefly compare and contrast the traditional litigation with the nontraditional forms of ADR. Traditional litigation requires that a complaint be filed with the court, and then the plaintiff has
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(Wikipedia.com, 2011). Arbitration is when two parties decide to refer their dispute to an arbitrator and agree that they will be bound to the decision that the arbitrator reaches. Unlike mediation or negotiation in arbitration there is no meeting between the two parties the arbitrator is removed from the settlement process and only gives a determination after reviewing the case and is not trying to help the parties form a compromise or reach some kind of middle ground. The arbitrator will review the facts of the case and reach a decision based on the merits of the case that is legally binding for each of the parties involved. (Wikipedia.com, 2011). The differences of the traditional litigation system and alternative dispute resolution are that traditional litigation can be very time consuming and expensive and in the end one party is going to come away with a feeling of dissatisfaction as a result of losing their case. Whereas with the utilization of alternative dispute resolutions parties have a way to try and reach a mutual decision that will prove to be the most beneficial for each of the parties concerned. Alternative dispute resolution can be much more cost efficient and also will usually not require that the dispute lasts for a long period of time. In conclusion it is pertinent to say that alternative dispute resolution will not work
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