Week Four Case Study

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Recommended: Advantages and importance of Alternative Dispute Resolution

According to the FindLaw website Arbitration is defined as: “Arbitration is one of various methods that together are referred to as alternative dispute resolution or ADR. As suggested by the name, the idea behind methods of ADR is to provide an alternative to filing a lawsuit and going to court, which is the traditional method for resolving legal disputes. Arbitration and similar alternatives were primarily designed to provide for a streamlined and cost-conscious option to deal with a legal issue”. (www.findlaw.com) Where according to the business dictionary, litigation is define as: “Ultimate legal method for settling controversies or disputes between and among persons, organizations, and the State. In litigation process, a case (called suit or lawsuit) is brought before a court of law suitably empowered (having the jurisdiction) to hear the case, by the parties involved (the litigants) for resolution (the judgment)”. (www.businessdictionary.com)

Arbitration over litigation is generally the choice venue to settle a dispute in the business world. Several reasons for this consensus are that arbitration can be quicker, less expensive, confidential and final (no appeals). According to Reed, Shedd, Pagnattaro, Morehead “The Securities and Exchange Commission (SEC) has approved an arrangement whereby investors with complaints against securities must submit them for arbitration to arbitrators assigned by the various stock exchanges and the Financial Industry Regulatory Authority”. ( 131,132) After reviewing this week’s case study, our text show three possible scenarios of what the Judge could do, at this time I would like to address each one.
In the first scenario, the judge could allow the arbitration to proceed, although there ...

... middle of paper ...

...ing with millions of other peoples monies. Both the company Securities America and Stock Broker Ron Carazo violated good faith business practice and both should pay for their wrongdoing.
In closing, if I were the judge, I would definitely let the arbitration proceed and suggest that a civil suit be file against Mr. Carazo.

References Cited: http://adr.findlaw.com/arbitration/what-is-arbitration-.html#sthash.fW6sypcA.dpufis a process retrieved 5-25-2014 http://www.businessdictionary.com/definition/litigation.html#ixzz32mOD8sTl retrieved 5-25-14
Reed, O.L., Shedd, P.J., Pagnattaro, M.A., Morehead, J.W. (2010). The Legal and Regulatory Environment of Business. pp132-133. New York, NY: McGraw-Hill Irwin 15th edition http://resources.lawinfo.com/civil-litigation/civil-procedure/class-action/the-advantages-and-disadvantages-of-class-act.html retrieved 5-25-14

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