The Litigation Process

Attachment 1, 2010 Charles M. Hewitt Master Teacher Competition Proposal

What you may think…
 Debunking Courtroom

Myths
Do Matlock-style prosecutors force hysterical,
surprise confessions from guilty defendants?
 Do opposing attorneys always hate each other?
 Does making the other side’s witness cry or
break down on the stand make you a great
lawyer?
 How long does it take for a case to get to trial?
 How many cases even get to court?
 Well then, what do lawyers do all the time?
 So what does an actual trial look like?
You asked for a real trial…
 How the real litigation
process works
 Action or event occurs that allegedly causes harm 
 Injured party, known as Plaintiff, files a Complaint 
 Sheriff serves “process” (summons, complaint) on
Defendant 
 Defendant answers Complaint or Moves to Dismiss for
faulty service, lack of jurisdiction, or failure to state a
claim upon which relief can be granted
 Plaintiff files Reply 
 Defendant may Motion for Judgment on the Pleadings
 Several months/years of Discovery 
 Summary judgment, settlement, or (least often) trial
 Implications…
What about all those petty lawsuits that
clearly have no merit, like that McDonalds
hot coffee case?
This is starting to sound overwhelming…
don’t I have other options?

Of course!
Alternative Dispute Resolution
 Common Forms
 Settlement

 Arbitration

 Mediation
 Why Choose ADR?
 Less costly
 May be more appropriate method of

resolution for certain types of cases

 May be required by clause in contract

 Decision-makers have specialized

expertise
 Potential for compromise: can be

win/win
Potential Disadvantages of ADR
 Potential for sloppy or biased
decisions
 Second–class justice?
 The Typical Arbitration/Mediation

 Neutral Party Introduction

 Position Statements

 Discussion

 Agreement/Award
The Role of a Mediator
MOCK MEDIATION EXERCISE
 Information for Mediators and Both Parties
 Lydia Green began working at the largest and most
prestigious corporation in Indianapolis seven months ago. The
company has over 500 employees, with additional offices in
Los Angeles, Boston, Washington, D.C., Chicago, and Hong
Kong. Ms. Green is a secretary with 10 years prior experience.
At the company, Ms. Green works directly for Martin Purple, a
high-level corporate manager. Ms. Green has recently
threatened to file a sex discrimination suit against the
company, alleging sexual harassment by Mr. Purple. Mr.
Purple denies that he harassed Ms. Green. The parties have
agreed to try mediation as a means of resolving their dispute.
The mediation is scheduled for Friday, August 6, 2010.
 Lydia Green is representing herself. The company will be
represented at mediation by its CEO.
 Please Submit:
 Your Mediation Agreement
 Money amount

 Any additional provisions/clauses

 For Lydia and CEO:

 Why are you satisfied with the agreement?

How does it meet your needs?

 For mediator:
 What methods/questions were most

effective in bringing the opposing parties

together to reach an ultimate agreement?
Test Your Knowledge of Today’s Concepts