Legal Issues of Litigation By Susan Schunke Instructor Rulon Huntsman Class Law/531 Date 02/22/12

The case involves Quick Takes Video who needed new editing equipment and Non-Linear Pro an editing equipment company. Non-Linear Pro presented their equipment as excellent quality, and Quick Takes Video decided to try it on a one month trial basis. The equipment had problems and Quick Takes sent it back before the trial period was over. However, the manager of Non-Linear Pro sent a full bill of $5,000. Janet in production signed the slip, which was a three month lease. Hal, the owner of Quick Takes Video talked to Janet and discovered she did not read the lease. He called the owner of Non- Linear Pro and a heated telephone conversation ensued. Jonathan filed a lawsuit against Quick Takes Video for $5,000 the price of the leased equipment. Hal called his lawyer Henry Finegold and told him about the situation and the lawsuit. Henry told Hal for him and Janet to write down the details of the case. Janet needed to write down the problems with the system also. This will save time, money, and trans-scribing fees. The lawyer made an appointment with Hal for the next day to examine the case. In the end Henry and Hal discussed arbitration, mediation, and mini-trial. Arbitration is cheaper, there is no publicity, a quick settlement and is chosen when two parties refuse to agree on a solution. An arbitrator is found by the owners contacting the American Arbitration Association and they send a list of seven arbitrators to pick from. This list can be sent three times and the decision is resolved by a judge if no arbitrator is chosen by both parties. When an arbitrator is agreed upon both parties sign an agreement. An arbitration clause should be added so that if any other issue exists the companies will use an arbitrator to solve them. In arbitration the arbitrator works with both sides to seek a solution. An arbitrator listens to the problem from both sides and asks each side how they think a solution can be achieved. The arbitrator examines what he or she has learned and makes a decision on how a solution is determined. This is the end of the case. Mediation is the next option for the two parties. This course of action is chosen if the two clients are working together but he or she will not agree on a solution. The American Arbitration Association is telephoned and in this situation there are two arbitrators and each one works for his or her client. The arbitrators in this insistence are chosen as mediators. Separately the arbitrator examines the case with his or her client. Then the arbitrators meet with each other and his or her clients together and he or she tries to communicate with each side to debate the case and advance toward a solution. In mediation after a solution is achieved the mediator and his or her client go to court and the lawyers state the case and each lawyer imparts the solution that has been achieved. The judge makes his or her decision, and the case is over. A mini-trial is the last option in, litigation; a mini-trial is chosen when neither party will agree on any part of the case. Each client has a representative from the American Arbitration Association and there are executives on the deciding panel. The problem is stated, the ideal solution is addressed, and the executives on the panel make a decision. In a mini-trial the client can have his or her representative to observe. The decision makers may also have a time allotment to make a decision; if the allotted time has ended and no decision is available the arbitrator makes the decision. In litigation there are three different procedures that can take place; arbitration, mediation, and mini-trials are used in lawsuits. Each has its own advantages and disadvantages; there can be consequences in each procedure. Each situation is specific and needs to be expressed in a unique way. The procedure is considered by the facts of each individual case.