Ldr Analysis Essay

624 Words Apr 29th, 2015 3 Pages
Legal System and ADR Analysis

Legal System and ADR Analysis
Before we proceed with deciding the direction we should take going forward with this case, we will need to understand the cost and benefits of going through traditional litigation or through an alternative route. The magnitude of the case is not severe enough that we will need to take to the judicial court system but rather by utilizing an alternative dispute resolution. The higher we decide to take this up to the court, the more costly this will be on our company. To keep it minimal and resolve the dispute in a shorter period, utilizing one of the six different alternative dispute options would be the best route to take.
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There will be many back and forth offers and counteroffers without understanding the reason for the purpose. An impartial third party is suggested to provide support and settlement decision. The other options will be to go through arbitration or mediation, this will provide us the support of a third party to hear and decide the dispute as well as mediate the situation. These third parties are neutral and experienced in their position and can help guide the way to a fair agreement. There are also the other choices of going to a mini-trial, using fact-finding or a Judicial referee. The ADR method that would be most convenient and effective would be to go through arbitration. Arbitration allows a member from the American Arbitration Associate to intervene and decide the dispute for the situation at hand. Decisions are based on clauses and agreements that will need to be abide by, which still keeps the traditional litigation process and gives us the opportunity to decide to make the decision binding or nonbinding. Conclusion The decision to keep the case out of court will not only be more cost effective but will be less time-consuming. Not having to deal with filing, pleading, pretrial, trial and appealing is the right choice in our case. Utilizing an alternative dispute route will give us more options to decide on how we want to proceed with the case as well as saving a lot of

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