Traditional and Nontraditional Litigation Paper

Traditional and Nontraditional Litigation Paper

Eleanor Thomas

Law/531

November 28, 2011

Pamelya Herndon

Traditional and Nontraditional Litigation

Traditional Litigation

  Traditional and Nontraditional Litigation have some difference in the way they work. They both have advantage and disadvantage, and this paper will touch on some of them. When one begins the process of litigation, he or she will need to know what steps to take to be victorious. It is stated that traditional litigation system refers to the resolution of disputes by utilize the civil court system (Barron, 2011).

Traditional litigation system starts with the pretrial litigation. The pretrial litigation consists of the following phases: pleadings, discovery, dismissals, pretrial judgments, and settlement conference (Cheeseman, 2011).

* Pleadings-the paperwork ones file with the court to start and reply to a lawsuit.

* Discovery- a legal process during which each party engages in a variety of activities to discover facts of the case from the other party and witnesses prior to trail.

* Dismissals- there are several pretrial motions that parties of a lawsuit can make to try to arrange part of a lawsuit prior to trail.

* Settlement conference- a hearing before a trail to smooth the progress of the settlement of a case. This is also called a pretrial hearing (Cheeseman, 2011).

Some disadvantage of traditional litigation is the discovery process, which is repeatedly abused by one or both of the parties, a recalcitrant party can file several objections to discovery requests the motion of which ultimately requires intervention by the court and addition, and numerous motions can be made by either party prior to trial. The advantages of traditional litigation gives the expense and time-consuming nature of litigation, many parties elect to settle disputes by utilizing Alternative Dispute Resolution...