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...