Explain the difference between negotiation, mediation, and arbitration. Discuss only those three and discuss all three.

Write a memo on business dispute, such as a contract dispute, a warranty claim, or a claim by a customer that they were injured by one of your employees or products (commonly referred to as a “tort” case — which we’ll talk about in this course).

 

Describe it as if you were writing for your boss who wants to know how a case like the one you have chosen would be processed throughout the various legal phases in a state court system.  The important thing to focus on here is this is STATE court — that means it is the courts organized by the laws of your individual state, not the federal court system.  Each state has its own court system.

 

Discuss the state court litigation process for a business dispute.  For this assignment, assume that the dispute involves a contract dispute, a warranty claim, or a claim by a customer that they were injured by one of your employees or products.   Assume also that the amount of money being claimed is fifty thousand dollars ($50,000) and that both parties are from the same state.

 

Use the link below to find information about the courts in your state.  If you are not living in the United States, then pick a state.

 

What specific court would the case have to be filed in (where does it start)?  After a verdict, to which court could a party file an appeal?

 

http://www.ncsc.org/Information-and-Resources/Browse-by-State.aspx

 

Be sure to discuss how a lawsuit is commenced, what the steps are before a trial starts, and how far it can be appealed after a verdict.  For all state court cases, you can assume that there is no federal court that would or could get involved so do not mention anything about federal courts.

 

When you discuss ADR, explain the difference between negotiation, mediation, and arbitration.  Discuss only those three and discuss all three.

Which of these ADR methods do you think would be the most appropriate? Why?

Required elements:

  • Discuss the differences in costs and benefits of going through traditional litigation and pursuing ADR in this case (Consider for example, why one of the parties in the case you’re looking at may have preferred keeping the case out of court).
  • No more than 800 words.
  • Format is consistent with APA guidelines
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