The Legal System and ADR Analysis
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.
Various steps exist at the state level when filing suit against an organization. First Shirley Kovalchick filed a complaint for workers compensation benefits against South Baldwin Hospital after suffering a heart attack. The hospital must file an answer in response to the complaint. In the answer filed by the hospital, they categorically denied the claims posed by Shirley Kovalchick and asked the judge for a summary judgment, which ended the legal action without a trial. A summary judgment can be granted when the court determines that no dispute of issue or material fact exists (Cheeseman, 2013, p. 47). The next step in this case is to file an appeal where the higher courts determined that the lower courts should have reviewed the evidence prior to granting the summary judgment. The higher courts referred the case back to the lower courts for trail. The next step in the state court system is the discovery process. During this process both Kovalchick and South Baldwin Hospital will participate in the process to discover the facts of the case from all parties’ involved as well as witnesses (Cheeseman, 2013, p. 45). A deposition is one of many tools ...
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...fied with the decision they can appeal said decision and take the case back through the litigation system. In the case Kovalchick v. South Baldwin Hospital, arbitration might prove most beneficial for both parties concerned. This ADR will keep cost down for the plaintiff as well as the hospital, not that cost is a concern for the hospital but negative publicity may hurt the hospital in the long-term.
In conclusion ADR is a tool at the disposal of those involved in legal disputes to resolve their disputes without the all the hassles that entail a trail.
Cheeseman, H. R. (2013). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues (8th ed.). Retrieved from The University of Phoenix eBook Collection.
Court case. (1999). Nursing, 29(3), 25. Retrieved from http://search.proquest.com/docview/204560046?accountid=458