Litigation, Alternative Dispute Resolution & Criminal Law.docx - Running head LITIGATION ALTERNATIVE DISPUTE RESOLUTION CRIMINAL LAW 1 Litigation

Litigation, Alternative Dispute Resolution & Criminal Law.docx

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Running head: LITIGATION, ALTERNATIVE DISPUTE RESOLUTION & CRIMINAL LAW 1 Litigation, Alternative Dispute Resolution & Criminal Law Business Law & Ethics 3305 University of the People
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LITIGATION, ALTERNATIVE DISPUTE RESOLUTION & CRIMINAL LAW 2 Abstract For this week’s written assignment I will explore the aspect of litigation, ADR and criminal law. There are three scenarios and will explain why it is litigation, ADR or criminal law case. I will include my reason on what method of the dispute is applicable for each scenario that is listed below.
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LITIGATION, ALTERNATIVE DISPUTE RESOLUTION & CRIMINAL LAW 3 Prior to answering the scenarios let me discuss what litigation is. Litigation is a lawsuit filed in court to determine liability and remedies (Lau & Johnson, 2011). From my understanding litigation is a severe and a more formal kind of lawsuit. This involves being present at a courtroom in front of a judge, jurors, prosecution, plaintiff, lawyers, and defendant. Moving onward to Alternative Dispute Resolution also known as ADR it means that; encompasses many different methods of dispute resolution other than litigation or trial (Lau & Johnson, 2011). This type of dispute is outside of the judicial process but both parties are to participate. Businesses using Alternative Dispute Resolution have options and other methods, for instance, a negotiation, mediation, and arbitration. Negotiation used between both businesses when there is no legal dispute to resolve and come towards an agreement. Mediation leans toward a goal- oriented practice that both will come to an agreement. Mediation is highly needed is when both businesses have a difficult time negotiating with one another and having a mediation provides a mutual ground to negotiate. Most of the time mediation is terminated if there is no progress.
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