Effects Of Litigation In Litigation

to hear firsthand the views of the other party. This can then lead to a more amicable long-term relationship. Also, the parties will have a greater understanding of the issues and the positions

This however, might not be possible, for various reasons. Parties might have come to a certain extent, where they refuse to talk to each other. In this optic thus, litigation remains the best recourse to dispute resolution.

LITIGATION BEING MORE EFFECTIVE THAN MEDIATION

Litigation, is the filing of a lawsuit. It usually defines the process of dispute resolution in court.

As compared to mediation, litigation follows a well structured procedure in a Court of Law. The trial delivers a binding decision upon the parties, non-compliance of which

There is the perception that ADRs will actually cause a decrease in caseload. Following an evaluation of the first year of judicial arbitration in the superior courts of six California counties (Hensler et al., 1981) and the Federal Judicial Center's evaluation of court-annexed arbitration in three U.S. district courts: the District of Connecticut, the Eastern District of Pennsylvania, and the Northern District of California (Lind and Shapard, 1981; Shapard, 1982), mediation and arbitration, in fact, fail to realize many of the performance goals posited for them by those anxious about court congestion and cost savings. Thus, voluntary mediation and arbitration programs regularly fail to draw sizable numbers of disputants and have insignificant impact on court caseloads. While mediation program costs vary greatly with the size of caseload, most programs are generally more expensive per case than courts.

There is further evidence that litigation actually remains the preferred dispute resolution mechanism. According to Heher (1978) voluntary mediation and arbitration programs, in Los Angeles ''never handled more than 500 cases per year''. These therefore, show no