Alternative Dispute Resolution Essay

832 Words2 Pages

1. An Alternative Dispute Resolution is an act that means for disagreeing parties that couldn’t solve their issues or still haven’t find the way out of the issues. It is a collective term for the ways that the parties will come to an agreement which everyone agrees on with or without the help of the third party. Usually some courts use parties to help them in some cases. Usually Alternative Dispute Resolution is the support term of the process. In which an impartial person from the Alternative Dispute Resolution which is an Alternative Dispute Resolution practitioner. That various person will assists to those who has the problem or the issues or dispute to resolve the problem or the issues between them. Alternative Dispute Resolution commonly use for abbreviation for Alternative Dispute Resolution but, it can also be used as to assist the issues which leading them to the conclusion and the decision.

2. Precedent is a legal form or a decision that proceed a case problem of law or rule in future similar cases. Precedent in business law is divided into 2 types. Which is binding and non – binding or persuasive. So what are the differences between 2 of them? First, if the precedent is binding, it means that all of the lower courts must follow whatever the decisions that have been maid by them. For example the final decision od the case is A. But the other lower courts have another suggestion or opinion to say. Yes they can say their opinion but in the end, it wont change the decision that have been maid by the head court.
If the Precedent is not binding or persuasive, it means that all of the courts and the judicial bodies can provides some supports and some opinions to support the final decision of the final argument or the case....

... middle of paper ...

...often, they do not have the prove of the contract.
In the other hand, there is a formal kind of contract, which means that it is the opposite of the simple contract. Which is there are 2 kinds. Written and oral. It is the same as simple contract but it has prove that both side of the parties has agrees on whatever that they have agreed on. Why a lot of people choose to do formal contract rather than simple contract? It will comes up to the consequences if they breach the contract. They know the consequences that they will get if they ignore or not following the contract agreement. When that happen and end up at the court, they will found guilty because there is a written proof or sound proof that they have agreed. And because of that proof, if one of the parties broke them, that party will get the same consequences that they have agreed on before in the contract.

Open Document