Traditional and Nontraditional Litigation Paper Research

Traditional and Nontraditional Litigation - Research Paper Example Traditional litigation makes use of the court system during dispute resolution. The accessible laws normally bind the attorneys in this system in their representation of the client. The nature of the detailed laws used in this system makes it costly and formal. On its part, the alternative dispute resolution happens when the disputing parties reach an agreement to resolve their cases outside court. This makes it less expensive and time-consuming (Carle, 2005). Nontraditional litigation uses such forms of dispute resolution as mediation, arbitration, conciliation and negotiation. The attorneys and their clients must permit a third party to help during the resolution. This can be either a conciliator or a mediator (Carle, 2005). Apparently, a conciliator will actively take part in the litigation process until the time when the parties will arrive at a decision. Meanwhile, a mediator will be the go between two disputing parties. When arbitration is used for dispute resolution, the arbitrator, who acts as the third party is the one who makes the final judgment. The decisions resulting from nontraditional litigation process legally bind all parties, and need to be entered with the courts (Carle, 2005). The nontraditional litigation process does not generate publicity and can be favorable to many attorneys and clients who are afraid of publicity. While the traditional litigation process would accord publicity to some cases based on their nature, the nontraditional litigation process can happen and go unnoticed. In traditional litigation process cases, power is based on the strength of the evidence that is represented in court and the party representing the evidence while in alternative dispute resolution, both the disputing parties enjoy equal rights (Carle, 2005). A case in point involves the personal disputes such as insurance claims and divorce. In traditional litigation, one party may dominate the process based