Litigation - (better than negotiation as info is hidden for...

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Litigation /lawsuit : the process of filing claims in courts Litigator: a lawyer who handles or is in charge of the court case Discovery: allows the two sides to obtain (before trial) documents and other evidence from the opponent Class Action: a suit where one injured party represent a large group of people who suffered similar harm Alternative dispute resolution: Formal or informal process used to settle disputes without resorting to a trial. It is cheaper and faster than litigation Types of ADR (alternative dispute resolution): 1. Negotiation: negotiate personally or through lawyer. 2. Mediation: a neutral person (without any official power), called the mediator, attempts to persuade two disputing parties towards a voluntary settlement. Usually both parties voluntarily enter mediation. Although, the judge can ask them to do so before formal trial is accepted. Mediators do not need to be lawyers. Because mediation is not final settlement, mediators have the advantage of knowing confidential information from both parties.
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Unformatted text preview: (better than negotiation as info is hidden for better judgment) So, mediation offers strongest win win potential. 3. Arbitration: both parties bring in a neutral third party with Power to impose awards (like a judge), called the arbitrator. Arbitrators hears both parties equally, and after deliberation (Long and careful consideration or discussion) issues a binding decision, generally without giving a decision. It is very similar to trial or litigation, but only faster and cheaper. However, the supposed litigants give up rights like Discovery and class action. Arbitrator may not provide a written decision. Hence it may be unknown to society and other plaintiffs(for use in their own case) * Mandatory Arbitration: parties agree in advance of any dispute that they will arbitrate if any issue arises. Trial court: *all cases start here. *It is the only which hears testimony from witnesses and receives evidence...
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This note was uploaded on 04/04/2011 for the course GOVT 1132 taught by Professor Asdad during the Spring '11 term at University of Texas at Dallas, Richardson.

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Litigation - (better than negotiation as info is hidden for...

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