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Encountering Risks and Reducing Exposure

In: Business and Management

Submitted By shho138
Words 930
Pages 4
Traditional Litigation: Encountering Risks and Reducing Exposure
When dealing with traditional litigation, a business or organization will risk scrutiny of the company’s image or brand, and clearly suffers monetary costs, which can affect the entity’s bottom line. Reflecting on the traditional litigation system, dependent on the type of trial, for example, a civil trial, the burden of proof is rested upon the plaintiff. The plaintiff must present truthful evidence or proof to a judge or jury against the defendant. Thus, the strength of the plaintiff’s credible facts and truth must be supportive of the plaintiff’s claim and proven stronger than the defendant’s defense. Considering the requirements to support a case (plaintiff or defendant), research and costs will rise.
The initial course of the discovery process is a difficult factor in itself and has several disadvantages for each party involved. It is expensive, time consuming, and for the most part, a burden in effort to gather relevant evidence to make or strengthen the plaintiff and/or prosecutors case. On the other hand, for the defendant, the discovery process could reveal implicating evidence causing a weak defense or no defense by any means. As an advantage however, both parties, through the discovery process, are given the opportunity to civilly research, view, and gather relevant evidence and information related to the case, which supplies an advantage for each or either party to identify the strengths and weaknesses of the case. Due to “Duty of Disclosure,” there may be instances when the opposing party’s evidence can strengthen the opposing party’s position.
To reduce exposure to risks involved with litigation, top to first-level managers must remain cognizant of its business environment’s current rules, regulations, and laws; or, any laws that may affect its business model. Merging external…...

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