Business owners and managers familiar with the court litigation system understand that high litigation costs and long delays make it difficult and expensive to resolve business disputes in court. They also understand that most civil cases that go to court are settled before trial. They are solved after spending considerable amount of time and money in the complex pre-trial phase, but just in time to avoid the risk of trial. Mediation and commercial arbitration provide superior solutions that help in resolving business disputes. Mediation puts the parties immediately in control of the situation and helps them get desirable outcomes without expending vast resources on litigation procedures (Berg, Permanent Court of Arbitration. International Bureau, International Council for Commercial Arbitration, 2005).
Litigation is the process that involves bringing, maintaining and defending a lawsuit raised by the plaintiff against a business or organization or a person understood as defendant. Litigation is thorny, time-consuming, costly, and involves a risky process that must comply with complex set of rules.
The risks that businesses and other organizations encounter while dealing with litigation are several. First, they face a probability of winning or losing. This is because it is not certain that one party must win. Secondly, the amount of money to be won or lost is not defines. Businesses organizations or people have the risk of getting little money than they expect. In fact, they could get little money than they have sent in the litigation process. The fees required by attorneys and other costs of litigation make the process considerably expensive. Another risk involves loss of productive time of the managers and other personnel as ...
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...rimarily the flexibility runs from innovation and ingenuity of the parties in developing their arbitration agreement. Because arbitration is a type of contract law, parties can construct the terms, agreements and parameters that they can use to handle arising disputes, in arbitration. Such flexibility is not possible in litigation (Antonio Buti, 2001).
In conclusion, traditional litigation systems and arbitrary or alternative dispute resolution techniques offer ways of dealing with business disputes. However, litigation systems are expensive, time-consuming, and rigid and have many risks including lack of confidentiality. On the other hand, arbitration is less time-consuming, cheap and flexible because it allows parties to draft their own arbitration agreements. Therefore, arbitrary dispute resolution (ADR) techniques are preferable for businesses.
Stenzel, P.L. (2012) the Pursuit of Equilibrium as the Eagle Meets the Condor: Supporting Sustainable Development through Fair Trade. American Business Law Journal. Retrieved from http://eds.a.ebscohost.com.proxy.devry.edu/eds/pdfviewer/pdfviewer?sid=5a7e6902-f838-4caa-8415-7f12751748da%40sessionmgr4005&vid=4&hid=4203 on May 23, 2014.
Alternative Dispute Resolution (ADR) and traditional litigation are different types of ways to resolve legal matters. Traditional litigation can prove very costly and often times drawn out for lengthy periods. ADR affords companies the opportunity to resolve a legal matter in a reasonable amount of time and at times without the exorbitant cost of a trail. The case detailed in this paper is Kovalchick v. South Baldwin Hospital, which used traditional litigation, but reversed on appeal the hospital may want to examine the benefits of ADR.
Given the situation, as manager of the office, Sara must talk to Nell and tell her that she can not allow her to stay doing her work because she is not fit to comply with them due to her drunken state. However, you must ask her to leave the office and return the next day when she is already sober to talk about the particular situation.
In order to analyze our “sue happy” society one must first find out, what actually is a lawsuit? A lawsuit is a legal action brought by a plaintiff, a person who claims to have been wronged, against a defendant, the person being sued. If a judge decides that a case has enough evidence to go to trial then the verdict may be decided by either a judge or a jury. Yet, 90 percent of cases reach a settlement out of court. (Cannell)
In a complex arbitration it may be a practical solution for the parties and for the arbitral tribunal to decide those parts of the dispute that can be clearly separated from the other parts in partial awards. There are dangers, however. Once an award has been issued, be it partial or final, it cannot be changed. What appears to be clearly separable may on later consideration turn out to be linked to a portion of the dispute that is yet to...
Sue contracts with Tom to deliver a quantity of computers to Sue’s Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a state court. Their state requires that their dispute be submitted to mediation or nonbinding arbitration. If the dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator, will a court hear the case? Explain. (See Alternative Dispute Resolution.)
As arbiters divide the differences in half, Sterling, however, is less probable to regain what it believes is the complete measure of its loss (“Arbitration vs. Litigation,” n.d.). In addition, since adjudication entails the adversary presentation of proof and discovery, it frequently has drawbacks similar to those of litigation without the merit of maximizing recovery (Cushman & Myers, 1999). For this reason, I believe mediation would be a decent option for Sterling Computers as it would combine the benefits of arbitration and settlement and could generate a creative settlement offer more appealing to NoBugs. Nonetheless, a disadvantage of mediation is that if the mediator comes up with a way out that NoBugs concurs with, but that is undesirable to Sterling, the parties may end up in a worse position than if they opted for a private settlement (“The Pros and Cons,” n.d.).
Under which theory or theories of product liability can Kolchek sue to recover for Litisha’s injuries? Could Kolchek sue Porter or Great Lakes?
As a consequence of the separate legal entity and limited liability doctrines within the UK’s unitary based system, company law had to develop responses to the ‘agency costs’ that arose. The central response is directors’ duties; these are owed by the directors to the company and operate as a counterbalance to the vast scope of powers given to the board. The benefit of the unitary board system is reflected in the efficiency gains it brings, however the disadvantage is clear, the directors may act to further their own interests to the detriment of the company. It is evident within executive remuneration that directors are placed in a stark conflict of interest position in that they may disproportionately reward themselves. The counterbalance to this concern is S175 Companies Act 2006 (CA 2006) this acts to prevent certain conflicts arising and punishes directors who find themselves in this position. Furthermore, there are specific provisions within the CA 2006 that empower third parties such as shareholders to influence directors’ remuneration.
ADR holds an extensive, easily influenced and diverging choice of processes for finding solutions to disputes which are personified by structured negotiation and consensus. It is regarded that arbitration is a familiar ADR technique, however, it is more of an official adjudicative and adversary technique initially a confidential litigation process which has more commonality to litigation than the more original consensual processes which symbolise ADR. As simplified by Angyal (Alternative Dispute Resolution, 1987, p. 11). "The key difference between ADR and those traditional techniques of litigation and arbitration is that ADR techniques are used to produce a resolution to dispute through a negotiated agreement while litigation and arbitration are processes by which a result is imposed on the parties. " We can say that many issues arise with terms.
It is argued that the key factor in ADR application is that all it’s’ method are designed to assist the disputing parties resolve their differences in a manner that is creative and most suited to the particular dispute. Yet these achievements are not sweeping enough to conclude that the adversarial procedures are irrelevant. Though some people see ADR methods as supplanting the adversarial system, but these thoughts could only hold water where the courts in many jurisdictions are unable to resolve all disputes in a manner appealing to litigants, but until then ADR methods will be designated as collaborative dispute resolution system with the conventional litigation system.
The defendant is an Airlines Company that had 900 employees. The economic crisis followed with monetary crisis gave bad effects to the defendant. They should decrease the number of their airplanes form 9 to 2 airplanes. They also had to do the efficiency on their employees to 700. On the efficiency process, there was an agreement between the defendant and employees representation on October 30 1998. The agreement stated that they would bring Independent Public Accountant to analyze company financial condition. During the process, all side should work on their duty. The Defendant should pay employees’ wage. The agreement was not guarantee that didn’t mean the dispute process was over, but the negotiation still moved on. During the process, there was another agreement between the defendant and several employees. They agreed the finish the disputed process and the employees would get separation pay. Meanwhile, other employees, who were 153 people didn’t agree with that agreement. Because they didn’t agree each other, so the employees gave the case to the “Panitia Penyelesaian Perselisihan Perburuhan Pusat (P4P)”.
Substantive and Procedural Law – Substantive laws are the social rights and duties of people, and procedural law are guidelines through which government bodies or courts deal with breaches in substantive law. E.g. substantive law would state that hitting someone with a car and driving off is a crime, while procedural law would define how the courts could try and sentence in the case.
Litigation represents the factual presentation of economic issues related to existing or pending litigation. In this capacity, the forensic-accountant quantifies damages sustained by parties involved in lega1disputes and can assist in resolving disputes before they reach the courtroom. If a dispute reaches the courtroom, the forensic-accountant may
However, must be bear in mind that the mediator is at no power of making decisions which bind the parties. The mutual agreement or resolution which achieved during a mediation process will need enforcement by registering the resolution or settlement agreement in court. Although mediation seems like a better solution than the court process however, must be remember that not every mediation session will end up with a settlement or resolution as wanted, take for example a mediation which took place between one of Malaysia celebrity, Hanez Suraya and her Public Relation (PR) Officer, Mohd Fairus...