Nontraditional_and_Traditional_Litigation_Paper

Individual Assignment: Traditional and Nontraditional Litigation Paper (Option 2) Purpose of Assignment In this assignment, students compare and contrast the traditional litigation system with the nontraditional forms of ADR, specifically by focusing on the risks of traditional litigation and instances in which ADR might be a better solution to minimize those risks. By comparing and contrasting traditional forms of litigation with types of alternative dispute resolutions, students recognize the function of ADRs in resolving disputes. Students learn that business managers need to be aware of the influence that traditional litigation has on an organization and the risks associated with choosing an appropriate method of resolving disputes resulting from their business problems. Resources Required Litigation and Alternatives video Grading Guide * Content60 Percent | Points Available4 | Points Earned4.0/4 | Additional Comments: | * All key elements of the assignment are covered in a substantive way. * The traditional litigation system (such as suit, answer, discovery, trial, or jury) is contrasted with the nontraditional forms of ADR, (such as mediation, arbitration, and negotiation). * The risks that Quick Takes might encounter should they proceed with ADR, and also those associated with the decision to go to trial, are identified. * The risks Nonlinear Pro might encounter should they proceed with ADR, and also those associated with the decision to go to trial, are identified. * A recommended legal course of action for Quick Takes and corresponding rationale are included. | | |  All areas to the left were covered. This was a very effective paper. You did a good job of detailing each process and making a recommendation for ADR. | Organization / Development20 Percent | Points Available1.5 | Points Earned1.5/1.5 | Additional Comments: | * The paper is no more than 700 words in length. * Paragraph transitions are present, logical, and maintain the flow throughout the paper. * The tone is appropriate to the content and assignment. * Sentences are complete, clear, and concise. * Sentences are well constructed, strong, and varied. * Sentence transitions are present and maintain the flow of thought. | | | There were not any major mistakes in this section.  | Mechanics 20 Percent | Points Available1.5 | Points Earned1.5/1.5 | Additional Comments: | * The paper—including tables and graphs, headings, title page, and reference page—is consistent with APA formatting guidelines and meets course-level requirements. * Intellectual property is recognized with in-text citations and a reference page. * Rules of grammar, usage, and punctuation are followed. * Spelling is correct. | | | There were not any major mistakes in this section.  | AREA(S) FOR IMPROVEMENT:Remember, all papers in the course require APA formatting which includes: 1) a running header, 2) cover page, 3) double-spacing, and 4) properly formatted reference page.Also, you should provide a Certificate of Originality and a Turnitin report for each paper submitted in this course. | | | | | Total Available | Total Earned | |   | 7 | 7 |   | Nontraditional and Traditional Litigation Paper LAW/531 - Business Law Nontraditional and Traditional Litigation Paper The dispute outlined in the video, “Litigation and Alternatives” is ideal for settlement under nontraditional litigation. If the facts of the case are to be accepted as presented, Quick Takes Video (QTV) should not be obligated to pay Non-Linear Pro (NLP) the $5,000 invoice. However, the document inadvertently signed by Janet Mason gives Non-Linear Pro an undue advantage (Pearson Learning Solutions, 2011). Before moving forward with any legal action Quick Takes Video will have to decide if the company will pursue the additional charge of loss of staff time. If so the case becomes much more complicated. Alternative Dispute Resolution (ADR) has many advantages over traditional litigation through the court system. ADR is almost always quicker and less expensive than traditional litigation. A major cost-cutting factor is the reduction of involvement of highly paid lawyers. “Because the primary focus of ADR is getting the parties involved enough in the process to resolve their dispute personally, the use of legal counsel should be secondary to the overall objective. Accordingly, it should be viewed as a "support resource" to provide expertise as needed” (McDowell & Sussman, 1996, 23-30). ADR is also much more private as cases resolved through mediation or arbitration do not automatically become part of the public record. While a public trial would not cause an inordinate hardship on QTV in this circumstance it could be devastating to the reputation of NLP’s editing system. Mediation is not a viable option in this case as it is dependent on the combatant parties to interact directly with one another to reach an agreement. The hostility demonstrated in the video makes that success of that process doubtful. Arbitration offers many advantages to mediation. “At the arbitration, the parties can call witnesses to give testimony and introduce evidence to support their case and refute the other side’s case” (Cheeseman, 2010, Chapter 3: Judicial, alternative, and online dispute resolution, Arbitration procedure). Rules of evidence are much less restrictive in this arena than in a traditional court allowing the process to progress much more quickly. Also decisions passed down by the arbitrator are as legally binding as a court decision. Another reason for bypassing traditional litigation is the added control that arbitration provides all parties involved. “When parties agree to arbitrate, they can provide in their contract such matters as the locale of the arbitration, the qualifications of the arbitrator, the scope or limitation of arbitrable issues, the scope of discovery, and the procedural and substantive laws that will apply” (Erickson & Bowen, 2005, 45) Perhaps the most compelling reason to choose arbitration is the ability to select an arbitrator with knowledge specific to the case at hand. It is highly likely that in this particular case technical evidence regarding the use of video editing equipment may be crucial to the outcome. The choice of an arbitrator familiar with such a system could prove immensely valuable. The likelihood that a random judge could comprehend the intricacies of all of technical aspects of the testimony is nearly nonexistent. By maximizing their control over the arbitration process both Quick Takes Video and Non-Linear Pro will be able to reach a viable settlement in less time and for less money than with traditional litigation. Although some use of attorneys would be beneficial the process is not dependent on their constant presence. All things considered, arbitration will streamline the process while still providing a binding solution based on the evidence of the case. References: Cheeseman, H.R. (2010). Business law. legal environment, online commerce, business ethics, and international issues. Retrieved from https://ecampus.phoenix.edu/content/eBookLibrary2/content/eReader.aspx. Erickson, D.L., & Bowen, P.B. (2005). Two alternatives to litigation: An introduction to arbitration and mediation.  Dispute Resolution Journal, 60(4), 42-48. Retrieved from http://web.ebscohost.com.ezproxy.apollolibrary.com/ehost/results'sid=d2268383-6c55-44fc-80c8-6e994a85eb95%40sessionmgr10&vid=2&hid=18&bquery=(Alternatives+to+Litigation)&bdata=JmRiPTI3aCZkYj1hOWgmZGI9YXdoJmRiPWFobCZkYj1xYmgmZGI9YnRoJmRiPXJ6aCZkYj11ZmgmZGI9aTNoJmRiPWVvaCZkYj1laGgmZGI9MjBoJmRiPTI2aCZkYj04Z2gmZGI9aGpoJmRiPTIyaCZkYj10c2gmZGI9ZjVoJmRiPW1uaCZkYj1uMmgmZGI9dGZoJmRiPTIxaCZkYj1id2gmZGI9ZTZoJmRiPWUwaCZkYj1zaWgmY2xpMD1GVCZjbHYwPVkmY2xpMT1SViZjbHYxPVkmdHlwZT0wJnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d McDowell, W., & Sussman, L. (1996). Overcoming the pathology of litigation: An ADR primer for executives.  Business Horizons, 39(3), 23-30. Retrieved from http://web.ebscohost.com.ezproxy.apollolibrary.com/ehost/detail'vid=5&hid=18&sid=b921fda8-b64e-4fb6-8d11-02b1ecc96866%40sessionmgr15&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=bth&AN=9606205873 Pearson Learning Solutions. (2011). Litigation and alternatives. Retrieved from Pearson Learning Solutions, LAW/531 - Business Law website.