Traditional Litigation vs. Alternative Dispute Resolutions

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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 a time period in which to respond to the complaint. This is usually followed by a pre-trial and then a trial in which each party is allowed to present their side of the case and either a jury or judge reaches a final decision as to the outcome of these proceedings. With this form of litigation there can be a high amount of time and costs involved for each of the parties concerned as well as the stress and emotional upheaval that can result during this process. Alternative dispute resolution can be much more efficient and less expensive than these traditional for of litigation. (Barron, 2011). Alternative dispute resolution can be achieved by utilizing a number of different approaches. Some of these approaches may include negotiation, mediation and arbitration. Negotiation is when two or more parties meet to find a alternative solution to the dispute ny considering the needs and requirements that each party is hoping to achieve and find a compromise that will allow each party to come away with some or all of what they wanted in each particular situation. (Wikipedia.com, 2011). Mediation is when a professional neutral…...

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