When an individual in the United States feels they stimulate been wronged and wishes to recover damages, they have several options. Two of those options argon traditional litigation and/or alternative dispute resolution also known as ADR. Traditional litigation is the traditional path to pursuing a lawsuit. ADR is a means of settling the dispute outside of the often expensive judicial system. This paper will compare and blood these two options and provide an understanding of the process of each.
Traditional Litigation
The bringing, maintaining, and acknowledgment of a lawsuit are generally referred to as the litigation process, or litigation (Cheeseman, 2010). The litigation process consists of pretrial litigation, trial, creative thinker, and call forth (if necessary). The litigation process can take a plentitude of time and can become very expensive. The pretrial litigation process alone can be divided into the pastime major phases: pleadings, discover, dismissals and pretrial vox populis, and settlement conference.
Pretrial Litigation
Pleadings
The first partially of the litigation process is known as the pleadings. The major pleadings are the direction, the answer, the cross-complaint, and the reply (Cheeseman, 2010).
To initiate the lawsuit a complaint must(prenominal) be filed with the court by the plaintiff naming the parties involved, the supposed violation of the law, and a remedy to be awarded. Once the complaint has been filed, the court issues a summons ordering the suspect to turn out in court and answer the complaint.
After the complaint is filed, the defendant must file an answer to the complaint. The defendant will all answer admitting guilt or denying the allegations. If the defendant admits to the allegations a judgment will be entered against the defendant and the cutting is over. If the defendant denies any or all of the allegations in the complaint then the case proceeds. If the defendant fails to answer the complaint a default judgment is entered against the...If you want to get a full essay, order it on our website: Ordercustompaper.com
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