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Nontraditional and Traditional Litigation Essay

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Below is an essay on "Nontraditional and Traditional Litigation" from Anti Essays, your source for research papers, essays, and term paper examples.

Nontraditional and Traditional Litigation
LAW/531

Abstract
This paper compares and contrasts the traditional litigation system in the United States with nontraditional forms of alternate dispute resolution.

Nontraditional and Traditional Litigation
A traditional civil procedure in the United States begins with a plaintiff, the party who claims to have incurred a loss, filing a lawsuit, which is a civil action brought in a court of law, against a defendant, who is the required to answer the complaint against them. If the plaintiff wins, the judge will render a ruling to settle the claim. In recent years, because of an increased backlog in traditional courts and the attempt to minimize costs, it has become more common to pursue alternate forms of dispute resolution prior to filing a lawsuit. The three most common forms of alternate dispute resolution are negotiation, mediation, and arbitration.
Nontraditional Litigation
Negotiating prior to going to court can be less expensive and take far less time for both parties. One risk faced with traditional litigation is that you can spend an exorbitant amount of money and not receive any compensation. A wealthy opponent can even stretch out a lawsuit for years. Some states require alternate dispute resolution before a case can go to court.
Negotiation
The first step in dispute resolution should be direct dialogue with the other party. By negotiating each party is trying to come to a compromise that the other can agree with. After an   emotional initial response to a problem, many people are willing to agree to a solution to the problem.
Mediation
If unable to resolve the problem face-to-face, mediation could be the next step. In mediation a neutral party listens to your dispute and offers options on how fairly to settle the   disagreement. Mediators try to help both parties come to a compromise. Mediation works well in personal cases, such as divorce.   According to “Mediation Services of Eastern Iowa” (2004)...

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"Nontraditional and Traditional Litigation". Anti Essays. 15 Dec. 2018

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APA Citation

Nontraditional and Traditional Litigation. Anti Essays. Retrieved December 15, 2018, from the World Wide Web: http://parimatch-stavka7.com/free-essays/Nontraditional-And-Traditional-Litigation-384711.html


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