Comparisons and Contrast of Nontradiitonal and Traditional Litigation

Comparisons and Contrast of Nontradiitonal and Traditional Litigation

Overcommer

LAW/531 Business Law

January 18, 2012

Dr. Robert White

Comparisons and Contrast of Nontradiitonal and Traditional Litigation

American’s legal system provides advantages as well as challenges for today’s businesses who find themselves in litigation, both for profit and nonprofit organizations. Therefore, managers who operate and manage these organizations must be knowledgeable of the pros and cons of both the judicial and nonjudicial legal system to decrease its organization legal risk. Additionally, when faced with litigation, managers must be able to choose the system that positions their organizations to always come out favorably.

Therefore, I will analyze the traditional litigation system and the nontraditional forms of ADR by comparing and contrasting the two systems. Moreover, I will explore the risks that are associated with the litigation system; it will also look at how ADR helps businesses and managers mitigate risks when faced with litigation.

Traditional Litigation System versus Nontraditional forms of ADR.

According to Cheeseman, the traditional litigation system “is a difficult, time-consuming, and costly process that must comply with complex procedural rules. Although it is not required, most parties employ a lawyer to represent them when they are involved in a lawsuit.” (Chesseman, 2010). The traditional litigation system is extremely expensive for businesses and organizations. This system also makes it arduous and burdensome for business and organizations to bring lawsuits. In contrast, the Alternative Dispute Resolution, which is a more informal process, allows businesses and organizations to minimize business interruptions because of litigation, reduce the cost of bringing or defending lawsuits and helps streamlines the litigation process for both the plaintiff and defendant. Additionally, the formal traditional litigation...