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Systems

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The Legal System and ADR Analysis

LAW/531

12/08/2014

Shannon Allen

Introduction / Purpose

At the cost of doing business it is necessary to always secure and stabilize conflicts that may interrupt the flow of business. Efficient resolution may not only same money and time, but keep messy disputes out of the public light and social network which may have the power to shame the name of an organization. There are various methods used in resolutions; traditional court case resolution and alternative dispute resolution methods, which assist in resolving disputes at an expedited rate. There are various applications where ADR can be used as a helpful resolution tool with in civil cases as long as there is a mediation, settlement, and or arbitration. For example with in mediation this process becomes important as long as there is an equal compromise and a desire to preserve a relationship between both parties. For the case highlighted such is not the scenario in MICHAEL AVERY et al., Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY . The class action lawsuit stated State farm proven to prefer non original equipment parts as a less expensive replacement part to “crash parts” therefore further assisting in decreasing the value of the vehicle and creating additional non factory hazards violating contract agreements to restore vehicle back to factory standards and thus committing consumer fraud.

Recommendations

The cost of settling out of court would have been wise, while not being blamed at fault for a negligent business practice and poor assessment. As a result using the Traditional court system the Plaintiffs claimed to the judgment that ending the breach of contract and statutory consumer fraud, in addition to a claim seeking declaratory and injunctive relief. As a result the ADR process was not used. The jury returned a verdict in favor

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