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Masons New Car

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The Masons New Car
Natalie McGee
Strayer University
Professor Ford
LEG100
15 Aug 15

1. Decide whether this court should hear this case or dismiss the case and direct the parties to binding arbitration in accordance with the Retail Buyer’s Order. Support your response.
An alternative dispute resolution is any formal or informal process used to settle disputes without resorting to a trial. There are three types of alternative dispute resolution one mediation that entails a neutral third party that navigates disputing parties towards a voluntary settlement. Second, arbitration is similar to mediation but has the authority to enforce a binding decision. The third of alternative dispute resolution are negotiation these are discussions that lead to an agreement. “Litigation refers to lawsuits, the process of filing claims in court, trying the case, and living with the court’s ruling.” (Beatty, 2014) In some cases, arbitration decision can sometimes have a resolution within 60 days. When a case moves into litigation trial dates are usually behind for nine months from a filing date in some case arbitrations are not necessarily faster than litigation. With utilizing of the arbitration the hearings, they do not take place in a courtroom there is no jury the transcripts are not public record. Signatures required for agreement of arbitration are plaintiff and defendant accompanied with both attorney’s signatures. Additionally with non-binding arbitrations the parties have the option to take their issues back into court adding to the cost of litigation.
2. Decide whether or not a contract exists between the Masons and R&G. Support your response.
A legal contract implies a “specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration.” (Legal-Guide) The first

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