...Traditional and Non-Traditional Litigation Paper LAW/531 Traditional and Non-Traditional Litigation Paper Over the past few years the United States economy and workforce has undergone some drastic and critical changes, which has put a significant amount of focus on what is considered fair and just. Many of the changes that American people have experienced, in recent years, has fueled a variety of disputes and kept our court system considerably active. There are numerous conflict resolution methods available in the U.S., however the judicial dispute resolution process is most common. While this method is the most accepted way to handle conflict, there are also various alternatives to this. The following paper will attempt to compare the traditional and non-traditional forms of conflict resolution in the United States. Judicial Dispute Resolution Judicial dispute resolution is the process of using the court system to resolve a dispute. To begin this process an individual or business must file a complaint with the appropriate court that details the parties involved, the facts of the case including the alleged violation, and the anticipated resolution. After this complaint is filed, the party initiating the process becomes the plaintiff and the accused becomes the defendant. The court will then issue a summons for the defendant to respond to the complaint, and the plaintiff must have the defendant presented (also known as ‘served’)...
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...compare and contrast the traditional litigation system with the nontraditional forms of Alternative Dispute Resolution (ADR). Traditional Litigation is defined as “The process of bringing, maintaining, and defending a lawsuit is called litigation. This is also called judicial dispute resolution because courts are used to decide the case.” Alternative Dispute Resolution (ADR) is defined as “methods of resolving disputes other than litigation.” By far the most common form of ADR is arbitration, however other types of ADR exist such as negotiation, mediation, conciliation, mini-trial, fact-finding, and the use of a judicial referee. “ Negotiation is a procedure whereby the parties to a dispute engage in negotiations to try to reach a voluntary settlement of their dispute.” Mediation is another type of negation in which all parties involved in the issue select and agreed to use neutral third party that assumes the role of an intermediary that between both parties. The sole purpose of this intermediary is to facilitate a settlement between the parties. If an accord is reached by the disputing parties, then a settlement agreement is written and executed by the parties. Conciliation is a method of ADR frequently used when the parties involve do not wish to face each other in a confrontational venue. In this method an interested party known as a conciliator assists the party’s dispute to reach a settlement. The conciliator facilitates this process by the communicating offers and counter-offers...
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...works to resolve disputes using the civil court system and may include aspects such as a trial, jury, and discovery. This system utilizes an adversarial system of justice that includes attorney’s representing clients. Attorneys provide legal advice by representing the positions of their clients through court hearings and procedures. Courtroom processing’s including a commencement of actions including a trial, all of which are administrated by detailed and formal rules of civil procedure. A trial in the traditional litigation system Nontraditional Litigation System The alternative dispute resolution (ADR) is another method to resolving disputes other than the traditional litigation system. Different forms of ADR exist to include arbitration, negotiation, and mediation hence all of which work to resolving disputes. The most common form of ADR is arbitration which can be compared to and contrasted to the traditional litigation system. Arbitration consists of parties using an impartial third party known as an arbitrator to listen to and decide upon issues up for dispute. Examples of issues that may require a third party to resolve a dispute include issues pertaining to labor union agreements, leases, franchise agreements, and other commercial contracts that may include arbitration clauses. When an arbitration clause does not exit, disputing parties can enter into a submission agreement consisting of the submission of the dispute to arbitration once a dispute is raised. Negotiation...
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...tough choices a business has to make. International law is very different than every day United States law. There are legal disputes that need to be resolved in the best way possible so you can still keep relations with the country you are doing business with. The issues involved with resolving legal disputes are making sure not to violate the contract. If the business violates the contract then the business can be sued by their partner in the foreign country. In my simulation with CadMax, I decided to use arbitration (Melvin, 2011 pg. 637) to resolve conflicts. This worked out very well in the simulation and made my business work well with my partner. Another option a business could use to resolve a conflict would be international mediation (Melvin, 2011 pg. 639). If mediation or arbitration does not work to solve the issue and the contract is breached then legal action may be needed. If legal action is needed the business can go to the International Court of Justice (Melvin 2011, pg. 635). The International Courts of Justice is used to settle legal disputes among countries. When taking legal action against a business partner based in another country, the business would most likely be unable to work with them in the future. This could also void the contract that was already in place. Also when trying to settle a dispute using legal ways, the business may try using Foreign Sovereign Immunities Act (Melvin, 2011 pg.635). CadMex Pharmaceuticals entered a business relationship with...
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...Role and Function of Law Law/421 September 2013 Instructor Name (A PAPER) The Roles and Functions of Law There are different functions and roles of law in the modern business society in the justice system. The business law is a specific set of rules regarding oversees businesses and can take measures to correct injustices. These rules of law provide the social functions in peacekeeping, balancing government power, providing individuals’ freedom, implement plans with appropriate expectations, establishing social justice, and safeguarding the environment. Peacekeeping is an important role of law in the modern business society. These laws provide rules for appropriate conduct are to ensure peace for between each party participating to resolve dispute. The act of peacekeeping is more difficult today since the businesses are subject to civil and private disputes the predetermined business laws assists in solving the disputes. When these disputes happen the options are to file a lawsuit can be costly and a length of time to resolve or agree to a compromise. Another alternative is to use alternative dispute resolution (ADR), or arbitration, or mediation. Through these methods, a settlement can be create closure and achieve an agreement between both parties. Balancing government control and providing individual freedom dealing with United States Constitution has a built-in system of checks and balances with limitations. The government duty is to question if businesses...
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...Issues There are many reasons that an American company would want to do business with a company outside of the U.S., including the cost of labor and the availability of materials. The downside of doing business outside of the U.S. is that there may not be a thorough understanding of expectations that both parties have of the other. International law is very broad and must also take into consideration any religious and diplomatic factors. Resolving legal disputes in international transactions can be challenging because even though international courts have been established, the jurisdiction of these courts can be difficult to define. Each country has their own legal systems in place, and this will also be considered in resolving disputes. Some of the practical considerations that need to be thought through when taking legal action against a foreign business partner based in another country include understanding any treaties that are in place, as well as the international organizations that could apply, such as the World Trade Organization, The International Monetary Fund, and the Organization for Economic Cooperation and Development. An understanding of local laws and customs is necessary. It is important to consider putting arbitration agreements in place beforehand. Factors that could work against CadMex and their decision to grant sublicensing agreements would include the possibility that if a dispute arises, the country of Candore is not currently a signatory to any of...
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...Alternative Dispute Resolution Analysis Paper University Of Phoenix LAW / 531 Date: 10/05/2015 MEMORANDUM. TO: Singh and Jessica FROM: Karandeep Singh RE: Disagreement concerning Singh and Jessica in the corporation of an outfitting store. DATE: 10/03/2015. FACTS: Singh and Jessica are trade partners of an outfit and merchandising store, and they entered into a formal contract. Jessica had to reduce her working day to take care for her newborn therefore reacting to her decision Singh hired a well-educated employee and reduced Jessica’s turnover without even informing her. In obstruction, Jessica sealed the corporation account with Singh, and she opened a different sole signatory account for her. I think the particular instance can cause a State Tribunal though the legal phase for the case will originate with small claims court. If Singh and Jessica will not able to do a settlement in small claims court, then the case can proceed to the states appeals court and can lead all the way to Supreme Court. Although, most claim filed in small claims courts come to a settlement, but it is difficult to solve the issues in the court system in order to decrease the cost and a long trial mediation and most commonly responsive solutions for parties. I am listing the few available options solving disputes between business partners, shareholders of business entities, and managing members. Litigation Litigation is the process...
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...Comparing and Contrasting Litigation and Nontraditional or ADR Individual Paper/ADR Clause Professor Lillian Hill Waston Business Law 531 Jan. 15, 2013 Litigation is time consuming, difficult, and costly process requiring strict rules to be observed. Litigation uses the court system to resolve disputes between parties. Litigators are trial attorneys that represent clients. The plaintiff claims that the actions of the defendant cased harm. The alternative to litigation is nontraditional or alternative dispute resolution (ADR). Alternative dispute resolution can be used in context of negotiation, mediation, and arbitration. In this essay I will compare and contrast litigation to non traditional forms of alternative dispute resolution. Litigation, controversies that are legally authorized and decided by the court of law are called lawsuits. Litigation is when one individual or organization sues another for damages. The reason why an individual or organization enters into a lawsuit is to enforce a right or remedy an injustice. During an ongoing trial respondent, petitioners, applicants, defendants, and plaintiffs are all called litigants. The litigants can represent themselves or hire legal counsels who are called litigators. An experienced attorney has the knowledge of the policies, rules, and laws that govern the litigation process. The litigation process is composed of phases to include: pleading, answer, discovery, motion,...
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...expensive for a business or company. Knowing that are more option available to you to weigh your option before take a lawsuit or a case to trial could save you time and money. Not every case even makes it to the courtroom because they are solved outside the through alternative dispute resolution, ADR. Understanding how a ADR works and the process of going through the courts are valuable to know and something that anyone in a corporate business setting should have some insight on in case of an incident may arise within your business. Legal Phases Initiating a lawsuit, the plaintiff must prepare a petitionand take this form for to the Clerk of Courts for filing. Once this is done you have to give legal notice to the person or company you are suingthat you have filed a lawsuit against them. This person is better known as the defendant. He defendant may or may not file a response to the lawsuit, which is called an answer or counter claim with the court clerk. The plaintiff has moved on to the discovery process where to get information from the other side of the lawsuit by interrogatories or a disclosure. Another way for the plaintiff and defendant get information is by an oral or written disposition where they have witness question under oath and the answers are recorded. “At the time of trial, each party usually submits to the judge a trial brief that contains legal support for its side of the case” (Cheeseman, 2013,pg.48, para.1). Non-traditional Forms of Alternative Dispute Resolution ...
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...Accounting is the application of the skills and training of a chartered accountant to disputes and investigations. Fraud is usually hidden in the accounting systems of organizations and that’s where forensic accountants play a critical role. Forensic accountants are contacted by companies when they need to figure out where a fraud was committed in their company. The accountants interview witnesses, analyze evidence such as email traffic between all parties involved. They will also freeze bank accounts if needed. They are hired to find out what happen and who was involved. If the case goes to trial they can be called to testify. The key skill of the forensic accountant is communicating complex financial transaction or data in a concise manner using images, graphs and languages that can be easily understood by non-accountants, the judiciary, and juries. With the growing complexity of business related investigations, Forensic Accounting professionals are increasing and the need is as well for investigations of business and financial issues. Forensic Accounting Practices Forensic Accounting has been in exist for many years, today there have been an increase in the need for this type of profession. Forensic accounting is the practice of integration of accounting, auditing and investigative skills. The accountings provide a court with an accounting analysis on the basis for discussion, debate, and dispute resolution. They are trained to look beyond the numbers and deal with the reality...
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...Laws are a very important key factor to business’s and society, especially in this day in age. Laws establish standards, maintain order, resolve disputes and protect liberties as well as rights. In a business field they provide companies with rules of conduct, protect them from negligence as well as fraud and enforce ethical standards. What are laws exactly? According to dictionary.com, laws are “a system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by imposition of penalties.” Laws are often viewed as ethical practices that are just enforced, especially in the business environment. (Lorenzo.2007). They are used to protect businesses, promote growth with the company and economically and also checks and balances for the government so that companies have some sort of freedom. The roles of law in businesses are divided by Criminal and Civil Law, Substantive and Procedural Law, and Private and Public Law. (Diak.2009) Criminal laws results in the legal punishment when a criminal act has been performed and are used in order to protect the society while Civil Law disputes cases between companies or individuals; private parties. If any one indulges in any criminal acts in a business or in society, they are held responsible and would have to face the consequences. In a business corporation, one would not want to get caught in any criminal acts, even though it still gets done sometimes, knowing that it could tarnish their...
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...After reviewing the simulation involving CadMex and Gentura, I have come to the conclusion that doing business in foreign countries is wrought with obstacles. From culture to unfamiliar law to the possibility of a government coup, doing business with other countries seems to not worth the effort for American companies. According to "White and Williams, LLP" (n.d.), “International transactions and dispute resolutions require both an understanding of the law and a sensitivity to foreign culture, politics, formal and informal power structures and decision-making approaches” (para. 1). Jurisdiction would need to be addressed before any debates or agreements can be met. Does the host country have the right to hear and make a legal decision or since the company is American, would the U.S. courts be the ones to decide over any disputes? The three basic questions that need to answered before going forward are which country’s courts should have jurisdiction to hear the dispute, which country’s laws should be used to decide on the dispute, and if any foreign judgment attained overseas might be enforceable in the home country (Barclay's International Trade, n.d.)? Practical considerations to think about would be if the laws of that country would be that any more business deals wouldn’t be allowed or if the laws of that country protect the foreign business partner from any liability. The factors working against CadMex granting sublicensing agreements is that they open themselves up to the...
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...The Litigation Process LAW/531 February 20, 2012 The Litigation Process According to "Methods For Resolving Conflicts And Disputes" (2012), In today's complex society we all deal with conflict in our daily lives; at home, work, school, in personal and business relations. Most of us would prefer to have our conflicts resolved fairly without violence or animosity. We would like our differences settled at the least cost and stress to ourselves, families, jobs or businesses.” (para. 1). According to Miller Johnson Schroeder, PLC (2012), “Litigation, or dispute resolution, is the process by which lawsuits are handled”. As settlement Offers are usually settled prior to court in a form of Alternative Dispute Resolution, some people prefers to have their cases soled in the court room. Benefits of counsel’s in solving litigations Team B discussed the benefits a counsel provides in helping a victim to decide whether to take a settlement offer or pursue litigation. Team B agreed that what a lawyer does usually is to spot strengths and weaknesses in your case, which affect the value of the case itself. For this matter skills are needed in order to know how to evaluate a case properly, taking into account all of the damages available both past, present and future. Counsel will be the third party to help negotiate a settlement outside of court. Counsel should be involved before you attempt to settle since, typically, you will be setting...
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...International Legal and Ethical Issues Several issues were addressed in the simulation pertaining to international legal and ethical issues relating to business. There were many issues portrayed in resolving international legal disputes including the full understanding of the local laws and the choices surrounding law and dispute resolutions. The text states, “Whenever a U.S. firm enters into a contract situated in a different country, it should make sure the agreement is officially enforceable” (Melvin, 2011). To fully understand the local laws in an international business transaction a corporation would have to find answers to questions regarding foreign exchange controls, environmental issues, and required governmental consents.. The answers to these questions will help the CEO and legal team move forward in creating a contract that is agreeable to both parties. Choosing the correct law clauses to agree upon during negotiations is one of the most vital considerations of taking legal action against a foreign business partner. In the situation of CadMex, the Candorean Regulations for Technology Import Contracts would be the best selection (University of Phoenix, n.d.). This clause would be the most beneficial because Candoria would most likely impose their government’s laws and regulations. Sublicensing would most likely work for CadMex. However, there...
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...Legal and Ethical Issues simulation International transactions and dispute resolutions require both an understanding of the law and a sensitivity to foreign culture, politics, formal and informal power structures and decision-making approaches. The International Transactions and Disputes Group offers counsel to U.S. and foreign-based clients in a wide range of complex international matters. (White and Williams, LLP) U.S. laws governing the international business activities of U.S. companies fall into two categories. The first consists of laws, such as antitrust, employment and economic-espionage laws, that are also applied frequently in the domestic context. (American Bar Association) With the expansion of the EU and increasing pressure to keep costs low, more businesses are looking abroad for potential clients and suppliers. If you are embroiled in a dispute with a foreign business, you will need to know whether you can take legal action in this country. You must first of all look at the written contract between you and the other party, if there is one. This will often contain governing law and jurisdiction clauses. The governing law clause will set out which country's law will apply to any dispute under the contract, and the jurisdiction clause will state in which country the legal action must be taken. If there is no written contract, then if either party has standard terms and conditions of business, these may form part of the contract and may contain law and jurisdiction...
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