Litigation Paper

Litigation Paper

Traditional forms of litigation system

Traditional Litigation system consists of the filing of the complaint by the plaintiff, followed by the bringing, defending, and maintaining are the process of litigation Pleading are only if paperwork are filed respond to a lawsuit. These major steps are the complaint, the answer, discovery, trial, and verdict Cheeseman, 2010). . The trial will consist of an opening statement by each side. There will also be a presentation of the evidence also by both sides. A closing argument by each side the jury instructions from the judge, but the instructions are (written by the attorneys). A dismissal of the jury for deliberations The final step is the jury will return with a verdict and the judge applies the jury verdict. (Cheeseman, 2010).

Answer

The answer that must be filed by the defendant to the plaintiff complaint, the defendant answer is filed with the court and served to the plaintiff. In this answer the defendant either admits are denies the allegations that is in the plaintiff complaint. If the defendant admits to the allegation a judgment will be passed on the defendant. If the defendant denies the allegations the case will proceed into a trial (Cheeseman, 2010).

Discovery

In the discovery process there are various activities that each party will engage in these will be facts about the case, witnesses, and other parties prior to trial In the discovery process there is several functions, which is there to prevent surprises and allowing parties to prepare thoroughly for trial. This is to preserve the time, evidence, and promote, the settlement (Cheeseman, 2010).

Trial, jury deliberation, and verdict

Each party by action of the law is guaranteed a right to a jury trial . there is a trial each party will submit trial brief to the judge. These briefs will contain the legal support for its case Trial can last for month it depends on the complexity, and the type of case. There will be jury deliberation and the verdict, the judge will give the jury instructions, and jury retires to the jury room to deliberate their finding. Many times this can take a few weeks or a few minutes After the deliberation the jury reaches the verdict.

Nontraditional forms of ADR.

Arbitration

The primary alternatives for Nonlinear Pro and Quick-Take to use are the Nontraditional form of Alternative Dispute Resolution. The steps are arbitration and mediation, and negotiation The most common form of alternative dispute resolutions, are arbitration The other forms are mediation and negotiation, which would be necessary. These ADR's generally share a couple of advantages, such as (1). They are much cheaper, (2). Lawyers are not needed, (3). lack publicity. From the way it sound either party wants a lawsuit a because this would let the world know what is happening here.

The arbitration process is similar to any court hearing, and the individual chosen is an arbitrator who is impartial third party. The arbitrator will hear executives' evidence s of the dispute and make a decision. However, the arbitrators must remain neutral or not to be bound by any formal rules of the evidence. The original contract with a binding clause will keep the two executives upon agreement terms of the contract" this will stop them from acquiring any disputes arising under this contract (Cheeseman, 2010)

Mediation: With mediation, the mediator will try to work with