litigation, Negotiation, Mediation, Conciliation, and Arbitration
Litigation
By definition litigation is the process of bringing, maintaining, and defending a lawsuit in a Court of Law (Cheeseman, 2010). Litigation is a formal process requiring one party to take up litigation by filing pleadings with the court. The pleadings include the complaint, answer, some(prenominal) cross-complaint, and response (Cheeseman, 2010). The discovery process occurs pretrial and includes depositions, interrogatories, production of documents, and physical or mental examinations (Cheeseman, 2010). Following the discovery process are any pretrial motions, such as dismissal, pretrial persuasions, or settlements (Cheeseman, 2010). Finally, the deterrent example goes to trial. The trial consists of formal procedures including jury selection, opening statements, presentation of the plaintiffs and defendants case, rebuttal, rejoinder, closing arguments, jury instructions, deliberation, verdict, and entry of judgment (Cheeseman, 2010). If the judgment proves unsatisfactory, either party can file and appeal.
Negotiation
Negotiation is a common and simple approach to dispute resolution. Negotiation is a problem-solving process in which two or more parties hash sur show their differences and attempt to reach a joint decision.
Negotiation generally results in a win-win scenario (Moore, 2011).
Mediation
Much like negotiation, mediation is an wanton approach to dispute resolution with the help of a sluggish third party. Mediation is customarily non-binging, the mediator does not specify right or wrong and does not make a final decision. Rather the mediator helps both parties work out their own solution to the dispute (U.S. Equal Employment prospect Commission, 2011).
Conciliation
Parties in dispute who do not want to face each other can use a teething ring. The conciliator will meet parties separately in an attempt to soundness differences by lowering tension, improving communication, and interpreting issues....If you want to shell a full essay, order it on our website: Ordercustompaper.com
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