Nontraditional & Traditional Litigation - Opt 1

litigation, Negotiation, Mediation, Conciliation, and Arbitration Litigation By definition litigation is the shape of bringing, maintaining, and defending a lawsuit in a lawcourt of Law (Cheeseman, 2010). Litigation is a formal exercise requiring ace party to take up litigation by file pleadings with the court. The pleadings include the complaint, answer, some(prenominal) cross-complaint, and response (Cheeseman, 2010). The discovery process occurs pretrial and includes depositions, interrogatories, output of documents, and physical or mental examinations (Cheeseman, 2010). Following the discovery process are any pretrial motions, such as dismissal, pretrial persuasions, or settlements (Cheeseman, 2010). Finally, the deterrent example goes to trial. The trial consists of formal procedures including control panel selection, opening statements, presentation of the plaintiffs and defendants case, rebuttal, rejoinder, closing arguments, jury instructions, deliberat ion, verdict, and entry of judgment (Cheeseman, 2010). If the judgment proves unsatisfactory, either party bear file and appeal. Negotiation Negotiation is a common and guileless approach to dispute resolution. Negotiation is a problem-solving process in which two or more parties hash sur signal their differences and attempt to reach a joint decision.

Negotiation for the most part results in a win-win scenario (Moore, 2011). Mediation Much like negotiation, intermediation is an wanton approach to dispute resolution with the help of a sluggish third party. Mediation is customarily non-binging, the mediator does not specify right or wrong and does not arrest a final dec ision. Rather the mediator helps both part! ies stimulate out their own solution to the dispute (U.S. Equal role prospect Commission, 2011). Conciliation Parties in dispute who do not want to face each other can intent a teething ring. The conciliator will meet parties each in an attempt to soundness differences by lowering tension, up(p) communication, and interpreting issues....If you want to shell a full essay, rove it on our website: OrderEssay.net

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