Tuesday, May 19, 2020
Litigation, Alternative Dispute Resolution And Criminal Laws
Litigation, Alternative Dispute Resolution and Criminal Laws [Case Study: Adele, Roberts and ABC and XYZ] Name of Student:â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. University of the People 04/10/2017 For each of the following scenarios, state whether you believe litigation, ADR, or criminal prosecution is the appropriate response and explain your answer, citing information from the textbook as support for your positions. Introduction In business, disputes that occur between businesses (business to business dispute), employer and employee (business to employee) and business and customers (business to consumers) are inevitable and there are laws that are put in place to ensure that disputes are settled and ethical behaviors are promoted within and outside theâ⬠¦show more contentâ⬠¦68-69) Arbitration is the highest level of ADR where parties vest power in third-party lawmakers to decide a conflict. Arbitration method may be legal binding or non-legal binding, compulsory or free and it is commonly used among businesses and their consumers. The arbitrators, who may be a member of a judiciary listens to the evidences and issues an arbitration awards. (Lau Johnson, 2011, p. 70-74) In addition to the above alternative dispute resolution methods, there is also a higher court of law that handles cases that the ADR cannot handle, which is called litigation. Litigation is a case, filed in the court of law by a plaintiff demanding an equitable remedy. The parties involved in litigation are called litigants such as plaintiff (the victim), counter-plaintiff (initial defendant who is raising a claim against the plaintiff), defendant (the perpetrator), counter-defendant (initial plaintiff who is been sued in return by the defendant), joinder (merging of parties under litigation), et al. It is very expensive to charge people, businesses to court, but litigation is unavoidable in business. In litigation, litigants are relied upon to present and defend their claims. Also, parties are to hire attorneys who are also referred to as members of the bar to file their cases, except in some of the small courts and those who think hiring an attorney is a waste of money. The member of barââ¬â¢s first duty is to administer justice and it is also theirShow MoreRelatedLitigation vs. ADR1100 Words à |à 4 PagesLitigation v. ADR There are many legal systems and measures that are available to people when they run into problems. These alternatives generally accelerate the resolution of disputes without the need for initiating or continuing the formal and costly process of litigation. These alternatives are generally referred to as that of alternative dispute resolution (ADR) (Sherman, 2012). Alternative Dispute Resolution (ADR) comprises the resolution of a matter by a method other than traditional litigationRead MoreArgument Resolution : Alternative Dispute Resolution1205 Words à |à 5 PagesDefined Alternative Dispute Resolution, commonly abbreviated ADR, is a method organizations and individuals use to resolve dispute without resorting to litigation. ADR methods help disputing parties to negotiate and come to an agreement or compromise without incurring the extra time, effort and fees required by courts and attorneys. Courts may review and ADR decision; however, if the final contract is sound, rarely will a court overturn a decision reached through alternative dispute resolution. DependingRead MoreThe Out Of Class Writing Assignment991 Words à |à 4 Pagestraditional litigation methods have not been wholly successful in California? According to the article, traditional litigation methods have not been wholly successful in California for several reasons. One reason would be because the state government has lost the right of its executive branch to control a significant portion of the prison system. Therefore, they are unable to fully implement sentences imposed on convicted criminals by state courts. Due to massive shifts in sentencing laws, CaliforniaRead MoreLitigation, Adr And / Or Criminal Prosecution1577 Words à |à 7 PagesIn various situations, litigation, ADR and/or criminal prosecution should be explored. In this writing, we will address three situations and which process would be best suited to address them and why. As out class text has demonstrated (Lau Johnson, 2011), there are many options we can explore to resolve both civil and criminal disputes that arise within the business world. Ahead of approaching the situations presented in the assignment, letââ¬â¢s talk a little bit about the basic optionsRead MoreDifference Between Civil Law And Criminal Procedure700 Words à |à 3 Pages 1. The difference between civil procedure and criminal procedure is that in a criminal procedure the rules that apply in a criminal case and determine how a criminal case proceeds through the legal system. They are based on federal and state constitutions, codes, rules of court, and cases. Whereas, with a civil procedure the rules that apply in a civil case determine how a civil case proceeds through the legal system. Moreover, in federal courts many of the rules are found in the Federal Rules ofRead MoreNew Zealand s Mandatory Mediation1269 Words à |à 6 PagesNew Zealandââ¬â¢s mandatory mediation scheme in Employment Law. In other nations, resolution rates are lower with mandatory mediation than voluntary mediation. However, within New Zealand, employment issues are more likely to be resolved by the parties themselves rather than with judicial intervention. This is partially reflected in the statistics, where of the 9,278 mediation services applications disposed of in 2002 t o 2003, only 1,155 disputes (12.4 per cent) were not settled by mediation. Thus,Read MoreThe Legal System and Adr Analysis706 Words à |à 3 PagesThe Legal System and ADR Analysis Debra Doe-Gonzalez LAW 531 October 6, 2014 David Weischadle, II The Legal System and ADR Analysis The two major court systems in the United States are the federal and state court systems. They are each set up review different types of lawsuits (Cheeseman, 2013). This memo will review the levels of the state court system as well as the various methods of alternative dispute resolution. The case of AMF Incorporated v. Brunswick Corp will be reviewed inRead MoreLegislative Development Of Bangladesh For Alternative Dispute Resolution : Problems And Prospects Essay1382 Words à |à 6 PagesLegislative Development in Bangladesh for Alternative Dispute Resolution: Problems and Prospects It is indeed a great honour for me to have been chosen the keynote speaker for this Seminar. I am deeply grateful to the Department of Law of Daffodil International University for giving me this opportunity to share my humble little knowledge on ADR with you. I will do my utmost to portray a clear picture of ADR as it stands today in Bangladesh and also the legislative developments on the subject. Read MoreQuestions On Alternative Dispute Resolution1630 Words à |à 7 PagesFinal Report ââ¬ËAccess to Justiceââ¬â¢ the time-consuming and expensive litigation has slowly been replaced by the Alternative Dispute Resolution, which has developed and evolved as a significant method for resolving disputes. Alternative dispute resolution is a broad concept, covering the full range of alternative activities available for the most appropriate way of resolving civil problems from small claims to complex commercial disputes. To reach a settlement, an ADR process is using a range of optionsRead MoreAnalysis Of The Margolin s Lawsuit With The Rules Of Jurisdiction Essay1389 Words à |à 6 Pagesthis case. The long arm principle will give the court authority to serve a defendant outside of its state (Kubasek, 2009). Another option to consider for settling this dispute is alternative dispute resolution. As explained by the author, ââ¬Å"The term ADR refers to the resolution of legal disputes through methods other than litigation, such as negotiation, mediation, arbitration, summary jury trials, minitrials, neutral case evaluations, and private trials (Kubasek, pg.69, 2009). When considering ADR
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