RE: Non-Compete Agreement
The phases of a non-compete dispute litigation can be expensive for both sides, regularly time- consuming and usually needs a considerable amount of legal work in little time.
The non-compete law is constantly changing so when suing in this type of case there is some uncertainty. In the end, the risks “are often high in these matters; parties do not want to risk losing by pursing litigation, so they may be more willing to settle” (Schorsch, 2012, p. 1). Phases: There are a few steps one must take to file a civil lawsuit. Complaint: …show more content…
What are the steps in a civil lawsuit?).
Case: In the case of Dr. Doshi vs Dr. Alahdab, Alahdab who is a previous associate of Dr. Doshi is taken to court for violating a non-compete clause in a contract. Dr. Mohamad Tarek Alahdab, is a previous worker who departed the practice and started his own.
Non-compete clauses in an employment contracts a non-compete contract can make it hard sometimes for physicians to treat their former patients when they go out on their own (Schorsch, 2012, p. 1).
The violations of the non-compete clause include breaking an agreement by contacting former patients and doing a procedure at a hospital where his former employer affiliates at and refusing to resign his admitting privileges of the same hospital as his former …show more content…
Alahdab admits sending letters to previous patients from Chicago Cardiology because they contacted him after Chicago Cardiology refused to give them his new contact information (Schorsch, 2012, p. 1). Furthermore, Dr. Alahdab left because he disliked the leadership there. As far as doing an operation at the hospital it was a one-time emergency case. Chicago Cardiology is trying to seek a court order to prevent Dr. Alahdab for two years from treating and soliciting patients within a six-mile range from any office or hospital (Schorsch, 2012, p. 1).
Methods of ADR Methods of ADR are types of an alternative dispute resolution to settle a dispute.
Mediation: A Type of ADR where the parties use a mediator to recommend or propose a settlement of his or his dispute.
Arbitration: An arbitration agreement is the hearing and the determining of a dispute and settling the differences between the parties by a person or a group of people chosen between the parties. It regularly defines certain processes that follow the case to move forward to and through arbitration Settlement Conference: in a Settlement Conference, a third party, who manages the conference, meets with both sides and discusses with each one, often separately. The third party tries to attempt to get the parties to assess and re-assess their cases so to achieve a negotiation or