1. Chapter 4 Resolving Disputes: Litigation and Alternative Dispute Resolution Options Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

2. 4-2 Civil Litigation A dispute resolution process where the parties and their counsel argue their view of a civil (noncriminal) controversy in a court of law

3. 4-3 Parties to a Lawsuit Plaintiff: The party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant Defendant: The party sued in a civil lawsuit (may be called a respondent)

4. 4-4 Pleadings Stage Complaint and Summons Answer Counterclaim Cross-Claim

5. 4-5 Discovery Stage Depositions Interrogatories Requests for production Request for admissions

6. 4-6 Motions Used During Litigation To Dismiss For Summary Judgment To Compel Discovery To Dismiss for Mistrial For Judgment as a Matter of Law

7. 4-7 Trial If the case cannot be settled, the parties will eventually go to trial. The trial generally takes place in front of a judge as the finder of law and with a jury as a finder of fact.

8. 4-8 Jury Selection and Opening Process of asking potential jurors questions to reveal any prejudices. The questioning process is known as voir dire. After the jury is selected, the attorneys present their theory of the case and what they hope to prove to the jury in opening statements.

9. 4-9 Testimony After the opening statement, the plaintiff’s attorney then asks questions, known as direct examination, of the witnesses. The defendant’s attorney may then conduct cross-examination of the witnesses.

10. 4-10 Closing Arguments Once the testimony/evidence is presented to the jury, the attorneys sum up the case and try to convince the jury that their version of the case is more compelling. This is known as a closing argument.

11. 4-11 Charging the Jury The judge then charges the jury by giving them instructions on how to work through the process of coming to a factual decision. The judge will also inform the jury that the standard of proof in a civil case is a preponderance of the evidence.

12. 4-12 Deliberations After receiving the charge, jurors move to a private room and engage in deliberations. Although the jury is permitted to send questions to the judge, the jurors are alone in their deliberations.

13. 4-13 Verdict The jury returns a decision: the verdict. If, however, the jury cannot agree on a verdict, this is known as a hung jury and the litigants must start the process over. Rules for civil litigation frequently do not require a unanimous verdict, so hung juries are rare in a commercial dispute.

14. 4-14 Arbitration Voluntary –Binding or Nonbinding Contractual –Binding Legally mandated –Nonbinding (Losing party has the right to appeal.)

15. 4-15 Mediation Mediation is becoming increasingly common as a cost-efficient form primarily because mediation is relatively informal and does not require as much time or preparation as arbitration.