Massachusetts Rules of Civil Procedure

Running head: CIVIL PROCEDURE
CIVIL PROCEDURE
Name of the Student
Name of the University
Author Note

CIVIL PROCEDURE1
Problem 2
a)
Throwing the baby out with the bathwater is considered to involve the litigation process.
According to the author, it has been stated that the negative comments regarding the workings of
any adversarial system are considered to have resonated from the judiciary along with the
government agencies and lawyers or other stakeholders. In response to such there have been
various increasing emphasis upon that of the non-adversarial approaches, which would be used
in order to provide justice, and it would be through the alternative dispute resolution system.
There have been proponents for these new approaches for these legal disputes and such are
considered to enhance justice in several areas in order to reduce the negative factors, which are
the costs, time investment, stress, and disempowerment that has been experienced through the
litigation process. Therefore, this particular phrase is considered to imply counterproductive
measures for the ADR which are closely assumed through the judicial procedures.
b)
Alternative Dispute Resolution is considered to be the procedure which helps in the
settling of the disputes without any kind of litigation and such includes the process of arbitration,
mediation along with negotiation as these procedures are usually considered to be less costly and
along with such more expeditious. An appropriate Dispute Resolution is considered to be
necessary for the dispute resolution as such would help in providing the best alternative approach
to the case.

CIVIL PROCEDURE2
c)
The fundamental principle is considered be that the court would be controlling the
conference and therefore, such avoids the tactical adversarialism. This might be considered to
hinder the process regarding the identification and the gathering of the appropriate evidence.
However, in spite of such if, the party is considered to wish to provide with any additional
evidence then the court would have to permit it in order to accord with the several requirements
for natural justice. These are considered to justify the protective adversarialism. On the other
hand, the lawyers are considered to be worried about the problems regarding the pleadings which
is considered to be a part of the traditional practice and they are considered to plead in such a
manner which would leave the opponent guess and such are done through the tactical advantage.
In spite of not being able, to plead the case properly the lawyer is not considered to argue the
matter as such would be the natural justice and the court would have to order them in order to
amend the pleadings which would help in making their case clear. Therefore, it can be stated that
the tactical advantage would help in making a good lawyer as such would provide different ways
in order to plead a particular case whereas, the protective adversarialism would let the parties
provide with additional evidences.
d)
There needs to be a manner in which a subject is taught and such needs to be consistent
with the several ideas and insights which are developed within some kind of orthodox-rights
based approach. These help in developing the scope for legal education.