In a business environment, conflicts and affrays are inevitable. The relationship amongst management and employees and business and clients evolves continuously and stress and disagreements are outflow to occur. Sometimes, the manner in which these stressful situations are managed can displease existing issues further and result in broken relationships. On the other hand, if the business has appropriate dispute resolution strategies and systems in place, it can serve to strengthen business relationships.
This paper explores the similarities and differences amongst traditional judicial proceeding systems basically the use of court of laws for dispute resolutions and non-traditional forms of dispute resolutions. The paper will also highlight the risks businesses and organizations encounter when dealing with traditional litigation and suggests Alternative Dispute Resolutions (ADR) to mitigate the risks that may potentially arise from traditional litigation methods.
Traditional litigation systems involve taking the disputes to a court where a more(prenominal) egg process is adopted to resolve the issues. This includes lawsuits, use of juries and trials which evidently, is a slow process. On the other hand, ADR is often less formal and less intimidating to both parties.
The process is also a great deal quicker as compared with traditional litigation and is less dear(predicate) as with traditional litigation, the slow processes and longer trials add to court costs and lawyers fees.
In addition, traditional litigation involves disputes being heard before a judge and panel who decide the judgment after considering the facts and both sides of the case. This is similar to ADR in the sense that disputes are heard by an arbitrator or mediator, usually a third person who is neutral and straightforward to both sides. At the end of the trial, the judgment is enforced and is enforceable through the court system while with an ADR, the opinion or advice by the arbitrator can also be filed with a court and...If you want to get a full essay, sound out it on our website: Orderessay
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