Assignment 2: Nontraditional And Traditional Lititiation
Running Head: TRADITIONAL AND NONTRADITIONAL LITIGATION PAPER
Nontraditional and Traditional Litigation Paper
Law/531
Rulon Huntsman
July 21, 2011
Week One
Option Two
Nontraditional and Traditional Litigation Paper When learning what litigation is and how to use it in the legal system can have a lasting effect on the court systems. In this paper will clarify the legal issues presented in the Litigation and Alternatives Video. The alternative dispute resolution (ADR) works as options to resolving certain issues in the litigation process. The attorney’s fees and filing lawsuits is part of the consequences that litigation is a very expensive process. The expense of Litigation is not only time-consuming, but the outcome can cause …show more content…
emotional damage and extremely unpredictable. The alternative dispute resolution includes arbitration and mediation is methods to resolve certain litigation inadequacies. Learning how mediation and arbitration is presented as third party for neutral ground. When using arbitration and mediation both parties can avoid the litigating dispute process by employing a mediator as a non-binding procedure that arbitrator use in binding procedures. However, arbitrators can become comparable to judges in making certain resolutions about the evidence and written opinions presented. However, one Arbitrator conducts the procedures, when creating from each side. Both parties have the option to select arbitrators to use for individual parties. When Arbitration is directed they tend to render written decisions that usually resolve matters of dispute.
Using Mediators can have a very good success rate performing as a third party in a neutral environment.
A mediator does not have to become time consuming and in a malicious attempt to scare either party into backing out of the dispute process. According to Business Law,’ Mediation works as a representative that negotiates disputes both parties are trying to reach a settlement of their disagreement.’ However, the mediator is not to judge the case but to assist in the discussion process to resolve and reduce trials and court appearances. When using mediators in a neutral environment their position attempts to limit the matters and put them in better …show more content…
viewpoints.
The court system is big business there purpose is to resolve disputes that may take years and millions of dollars in legal fees. Using the Alternative Dispute Resolution can avoid years of litigation and legal fees in resolving certain disputes. This also can be managed as a procedure of negotiation between both parties. Learning what is negotiation a procedure that provides both parties the option to become represented by attorneys to involve in settling their disputes professionally. Many courts require both parties to participate in a settlement process prior to a long tense trial practice.
The litigation and alternative video provided a scenario that Non-Linear Pro an editing system has wasted Quick Take Video company billable hours in an editing project.
However, Quick Take Video used Non-Linear Pro editing as a free trial instead of a $5000 lease agreement for the useless system. When Quick Time received the bill for $5000 from Non-Linear Pro they automatically purchased the system before realizing it was not a trial. The manager of Quick Time immediately called Non-Linear Pro and talked to a representative of the company to address the matter at hand. The employee Janet of Quick Time has accepted the package and signed the lease agreement instead of delivery slip. Immediately Hal the manager of Quick Time called his Lawyer and explained the situation and in response to Hal’s dilemma he will call him back once the Lawyer contacted Non-Linear Pro to verify the suit. The lawyer reached Hal at his office and gave him a list of options such as write down everything that happen about the Non-Linear Pro system once it entered the building. The next alternative is to search for an Arbitrator to help resolve this matter. However, the last alternative is to appoint a Mediator to work directly on a resolution that will not cause any future hardship between the businesses and keep everything on a professional level. In a certain amount of time a decision cannot become made the Mediator will make the decision for both
parties.
Reference
Cheeseman, H. R. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, NJ: Prentice Hall.
Nontraditional and Traditional Litigation Paper
Law/531
Rulon Huntsman
July 21, 2011
Week One
Option Two
Nontraditional and Traditional Litigation Paper When learning what litigation is and how to use it in the legal system can have a lasting effect on the court systems. In this paper will clarify the legal issues presented in the Litigation and Alternatives Video. The alternative dispute resolution (ADR) works as options to resolving certain issues in the litigation process. The attorney’s fees and filing lawsuits is part of the consequences that litigation is a very expensive process. The expense of Litigation is not only time-consuming, but the outcome can cause …show more content…
emotional damage and extremely unpredictable. The alternative dispute resolution includes arbitration and mediation is methods to resolve certain litigation inadequacies. Learning how mediation and arbitration is presented as third party for neutral ground. When using arbitration and mediation both parties can avoid the litigating dispute process by employing a mediator as a non-binding procedure that arbitrator use in binding procedures. However, arbitrators can become comparable to judges in making certain resolutions about the evidence and written opinions presented. However, one Arbitrator conducts the procedures, when creating from each side. Both parties have the option to select arbitrators to use for individual parties. When Arbitration is directed they tend to render written decisions that usually resolve matters of dispute.
Using Mediators can have a very good success rate performing as a third party in a neutral environment.
A mediator does not have to become time consuming and in a malicious attempt to scare either party into backing out of the dispute process. According to Business Law,’ Mediation works as a representative that negotiates disputes both parties are trying to reach a settlement of their disagreement.’ However, the mediator is not to judge the case but to assist in the discussion process to resolve and reduce trials and court appearances. When using mediators in a neutral environment their position attempts to limit the matters and put them in better …show more content…
viewpoints.
The court system is big business there purpose is to resolve disputes that may take years and millions of dollars in legal fees. Using the Alternative Dispute Resolution can avoid years of litigation and legal fees in resolving certain disputes. This also can be managed as a procedure of negotiation between both parties. Learning what is negotiation a procedure that provides both parties the option to become represented by attorneys to involve in settling their disputes professionally. Many courts require both parties to participate in a settlement process prior to a long tense trial practice.
The litigation and alternative video provided a scenario that Non-Linear Pro an editing system has wasted Quick Take Video company billable hours in an editing project.
However, Quick Take Video used Non-Linear Pro editing as a free trial instead of a $5000 lease agreement for the useless system. When Quick Time received the bill for $5000 from Non-Linear Pro they automatically purchased the system before realizing it was not a trial. The manager of Quick Time immediately called Non-Linear Pro and talked to a representative of the company to address the matter at hand. The employee Janet of Quick Time has accepted the package and signed the lease agreement instead of delivery slip. Immediately Hal the manager of Quick Time called his Lawyer and explained the situation and in response to Hal’s dilemma he will call him back once the Lawyer contacted Non-Linear Pro to verify the suit. The lawyer reached Hal at his office and gave him a list of options such as write down everything that happen about the Non-Linear Pro system once it entered the building. The next alternative is to search for an Arbitrator to help resolve this matter. However, the last alternative is to appoint a Mediator to work directly on a resolution that will not cause any future hardship between the businesses and keep everything on a professional level. In a certain amount of time a decision cannot become made the Mediator will make the decision for both
parties.
Reference
Cheeseman, H. R. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, NJ: Prentice Hall.