Nontraditional and Traditional Litigation Paper

Nontraditional and Traditional Litigation Paper

Anthony O. Vann

Law/531

September 5, 2011

Carol Parker

Nontraditional and Traditional Litigation Paper

This paper will serve to compare the differences in nontraditional and traditional litigation. The paper will discuss the risk that businesses and other organizations encounter when dealing with traditional litigation. It will also discuss where Alternative Dispute Resolutions may be more appropriate.

Traditional Litigation

Litigation is the process of bringing, maintaining, and defending a lawsuit. Traditional litigation relies heavily on the court system to produce a fair and equitable judgment. Many times this becomes the process when parties are not willing to communicate with one another, or cannot find a comparable solution to settle the dispute at hand. This process can be overwhelming with petitions, motions, hearings as well as other legal aspects. The traditional litigation process does not require the defendant or plaintiff to have an attorney; however maneuvering through the system can be tedious without one. This process is expensive, and time consuming (Christianstock, 2011).

Risk Businesses and Organizations Face with Traditional Litigation

Outside of the aforementioned costliness of traditional litigation, businesses or organizations often face scrutiny of the business or organization when dealing with traditional litigation. The burden to find evidence to strengthen the case can be very time-consuming which, also leads into the costliness of this process. Their brand and image comes under fire during this process (Christianstock, 2011). This could prove very harmful to a business or organization that depends on public support. This not only affects the business directly but also its stakeholders, and the community it supports. More important this can be detrimental to the organizations bottom line because traditional litigation can disrupt normal business operations....