Traditional litigation is a process of filing, continuing, and defending a lawsuit in a court. Pleading is the paperwork that the suing party (the plaintiff) must file to a court to initiate a lawsuit. Major pleadings are the complaint, answer, cross-complaint, and discovery. Complaint is the paperwork stating the parties, alleged factors violating law, and “prayer for relief” to be awarded by the court. Upon receiving a complaint, the court issues a summons that is a court order directing defendant to appear in court and answer the complaint. Answer is the paperwork that answers to the complaint by defendant. If the defendant denies all or some of allegations, the case proceeds. Cross-complaint is that the defendant sues back the plaintiff in addition to the answer when the defendant has been injured by the plaintiff. Discovery is to provide for a detailed pretrial procedure that is to allow each party to thoroughly prepare for trial, to save court time, and to promote settlement of cases. There are four forms of discovery and they are deposition (oral testimony), interrogatories (written questions), production of documents (obtaining other party’s document), and physical or mental exam (Henry R. Cheeseman/University of Phoenix, 2010).
Trial is that disputing parties are coming to a court with or without jury. Trial stages are as follows: 1. Jury selection. 2. Opening statement. 3. The plaintiff’ case. 4. The defendant’s case. 5. Rebuttal and rejoinder. 6. Closing argument (Henry R. Cheeseman/University of Phoenix, 2010).
Alternate Dispute Resolution (ADR)
ADR is a non-traditional litigation that could process complaints more quickly and reach a settlement between disputing parties with no need to pay the costs association with litigation, no lengthy process with disputing parties’ settlement. Compliance with settlement is better than traditional litigation because both parties satisfied with the solution. Disputing parties learn...