Litigation

The judicial dispute resolution, also known as litigation involves the “process of bringing, maintaining, and defending a lawsuit” (Henry R. Cheeseman, 2010). There are also other methods of non-judicial dispute resolutions which are called alternative dispute resolution or online dispute resolution, or arbitration. The methods of alternative dispute resolution and online dispute resolution are used to in helping to avoid the costs of litigation. There are four major phases of the pre-trial litigation process that includes; pleadings, discovery, dismissal and pretrial judgment, and settlement conference. The pleadings involve the initial paperwork, or complaint that is filed with the court by the plaintiff to initiate the lawsuit. The discovery is a pretrial procedure which involves the oral testimony or deposition, interrogatories, production of documents, and a physical or mental examination. In the dismissal and pretrial judgment there are two major pretrial motions which are motion for judgment on the pleadings, and a motion for summary judgment. The motions can be made by either party in an attempt to dispose of all or part of the lawsuit before trial. Before the trial is scheduled to begin, there is a settlement conference, or a pretrial hearing. The pretrial hearing is an informal hearing in which the parties try to reach a settlement rather than going to trial. To avoid the process of litigation, and amount of time and expenses that come with it, most businesses prefer the use of alternative dispute resolution. Litigation can cost thousands or millions, and take months or years. It also can disrupt the business’s operations, which can create extra expenses for organizations. Alternative dispute resolution gives businesses other methods of resolving their disputes. Methods of alternative dispute resolution include; arbitration, negotiation, mediation, conciliation, mini-trial, fact-finding, and a judicial referee. The most common method of an alternative dispute resolution for businesses is through arbitration. In arbitration, the parties go through an arbitrator who will go through the facts of the dispute and make a decision. The parties can also choose to go through negotiations to try and reach a settlement agreement, or compromise in order to resolve the dispute. Mediation is also another form of negotiation, where a third party known as a mediator will assist the parties in settling their dispute. When the parties don’t want to interact with each other, they can use the alternative dispute resolution method known as conciliation. A conciliator will pass information back and forth between the parties and handle meetings. Sometimes they will propose offers to the parties to help them in resolving the dispute. In a mini-trial, the parties will present each of their sides to a representative who also has authority to settle the dispute. A mini-trial is shorter than a trial, and less expensive. Through fact-finding, the parties choose a third party individual to investigate the facts of the dispute and report their findings. They are “not allowed to make a decision on the findings” (Henry R. Cheeseman, 2010), and can only present the findings to the parties. The last method of an alternative dispute resolution if both parties agree is the appointment of a judicial referee by the court, which can have the same powers as a trial judge.   Reference Henry R. Cheeseman. (2010). Business Law. Legal Environment, Onine Commerce, Business Ethics, and International Issues, Seventh Edition. Retrieved from Henry R. Cheeseman, LAW 531 website.