Dakota Access Pipeline Case Study

Great Essays
Introduction Recently Dakota Access pipeline is running the headlines. Native American tribes and their partners, drove by the Standing Rock Sioux, have been challenging the Dakota Access pipeline, a venture that would transport oil from the Bakken oil fields in North Dakota and Montana over the Plains to Illinois. The nonconformists, numbering in the thousands and including individuals from several distinct tribes, contend that finishing the pipeline would profane hereditary grounds, undermine the water supply, and unjustifiably trouble the Standing Rock Sioux tribe, which is probably not going to profit by any financial advancement that goes with the venture. Energy Transfer Partners, the enterprise behind the pipeline, recommends the venture …show more content…
This is also known as litigation or going to the court. Litigation is the utilization of the courts and common equity framework to determine lawful discussions. Suit can be utilized to force restricting gathering to take part in the arrangement. Litigation is started by documenting a claim in a court. Particular guidelines of method, revelation and presentation of confirmation must be taken after. The lawyer for the opposite side will need to take your testimony to take in more about the certainties as you see them and your position for the situation. There can be various court appearances by you as well as your legal advisor. On the off chance that the gatherings can't concur how to settle the case, either the judge or a jury will choose the question for you through a trial. A trial is a formal legal continuing permitting full examination and assurance of the considerable number of issues between the gatherings with every side exhibiting its case to either a jury or a judge. The choice is made by applying the actualities of the case to the pertinent law. That decision or choice can finish up the prosecution procedure and be enforceable; nonetheless, if proper, the washout can offer the choice to a higher court. Now and again, the losing party may need to pay the expenses of the claim and may host to pay the other party's lawyer charges (Oklahoma Bar Association, …show more content…
For such a complex conflicts, litigation or court procedures are the best method to solve the dispute. However, in the beginning it might be possible to resolve the conflict through Mediation. Because in mediation the goal is not to figure out right or wrong but the goal is to find out the best solution on the basis of mutual consent. Mediation gives opportunity to hear each other's point of view, to introduce their own proposition and clarify why they think it is reasonable, to create however many alternatives as would be prudent for settling their question; lastly to choose if their debate can be settled in a way that both sides believe is sensible, and superior to their choices. On the off chance that the parties can work out an agreement in mediation, the middle person carefully records their understanding. On the other hand, if the parties can't achieve an agreement in intervention, no issue. As mediation is confidential nothing can be used developed during the mediation in court procedures (Leone, 2011).
Conclusion
Thus considering the given facts, the best conflict resolution method is litigation. However this should be the last resort. The resolution process can be initiated with mediation. If mediation does not work than litigation should be

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