Juris Doctor - Litigation and Alternative Dispute Resolution

University of Cincinnati

Litigation is generally thought of as the process of resolving rights-based disputes through the court system, from filing a law suit through arguments on legal motions, a discovery phase involving formal exchange of information, courtroom trial and appeal. Litigation also encompasses administrative or regulatory processes for establishing legal rights and resolving disputes. Even if you do not plan to be a litigator, some familiarity with the litigation process will help you advise clients on how best to avoid disputes regarding legal rights.Many legal disputes are resolved through direct negotiation, often based on a lawyer's advice, but without formally filing a claim to commence litigation. In fact, only a small percentage of litigated cases proceed through trial. Most are settled through negotiation, mediation, arbitration or other forms of alternative dispute resolution (ADR). In mediation, a neutral mediator assists the parties' efforts to reach a settlement, but does not have binding decision-making power. Arbitration is a relatively informal adjudicative process in which the arbitrator's decision is usually binding. A wide range of contracts include mandatory mediation or arbitration provisions and many court-related programs offer one or more forms of ADR.