LAW 531 Week 1

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The Legal System and ADR Analysis

Review Exhibit 2.1: Typical State Court System.

Assume that the higher on this chart the case is the more expensive it

is for all parties.

Write a memo on a state (not federal) level business dispute. Write the

paper for your boss, who wants to know how a case like the one you

have chosen would be processed throughout the various legal phases

in a state court system. Ensure you that you cover all the phases of

a case in the state court system.

Because most cases never make it to trial, it is also important to

consider alternative methods of dispute resolution (ADR). Suppose your

selected case was initially submitted to ADR. What methods of ADR

would be available to pursue? Which of these ADR methods do you

think would be the most appropriate? Why?

Required elements:

  • Phases of a state court trial
  • Methods of ADR available
  • Most appropriate ADR
  • Discuss the differences in costs and benefits of going through

traditional litigation and pursuing ADR in this case (Consider for

example, why one of the parties in the case you’re looking at may have

preferred keeping the case out of court).

  • No more than 700 words.
  • Format is consistent with APA guidelines.
  • You must have a minimum of 4 academic references. Please review

my instructor policies for my definition of an academic reference.

Click the Assignment Files tab to submit your assignment.

Description

LAW 531 Week 1

Introduction

The cost of taking a lawsuit to court can be very expensive for a business or company. Knowing that are more option available to you to weigh your option before take a lawsuit or a case to trial could save you time and money. Not every case even makes it to the courtroom because they are solved outside the through alternative dispute resolution, ADR. Understanding how a ADR works and the process of going through the courts are valuable to know and something that anyone in a corporate business setting should have some insight on in case of an incident may arise within your business.

Legal Phases

Initiating a lawsuit, the plaintiff must prepare a petitionand take this form for to the Clerk of Courts for filing. Once this is done you have to give legal notice to the person or company you are suingthat you have filed a lawsuit against them. This person is better known as the defendant. He defendant may or may not file a response to the lawsuit, which is called an answer or counter claim with the court clerk. The plaintiff has moved on to the discovery process where to get information from the other side of the lawsuit by interrogatories or a disclosure. Another way for the plaintiff and defendant get information is by an oral or written disposition where they have witness question under oath and the answers are recorded. “At the time of trial, each party usually submits to the judge a trial brief that contains legal support for its side of the case” (Cheeseman, 2013,pg.48, para.1).

Non-traditional Forms of Alternative Dispute Resolution

Sometimes, your case may end before you even go to trial. “ADR” stands for Alternative Dispute Resolution, which is commonlyassumed to be an alternate to customary court or administrative litigation. The most common form of ADR is arbitration. “Arbitration is often used in situations requiring an impartial third person (arbitrator)to determine a dispute quickly and conclusively for the parties” (Van, 2013). Arbitration is ideally suited to complicated factual and legal disputes. Some other forms of ADR are negotiation, mediation, mini- trial, fact- finding, and using a judicial referee. To avoid or reduce these problems, businesses and individuals are increasingly turning to methods of non-judicial dispute resolution where disputes are resolved outside of the court judicial system.  Many attorneys are skilled negotiators, and having a competent advocate speak as an intermediary is often more effective than speaking for oneself. If negotiations fail,there are many ways to pursue a resolution.A form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute (Cheeseman, 2013).A voluntary process that is increasingly used when negotiation seems to be failing is mediation.Mediation is a voluntary process that is increasingly used when negotiation seems to be failing is mediation, in which anunbiased third party with

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