Assignment 1.2: Dispute Resolution

This technique helps improve the integrity of the courtroom, whereby, it will help prevent the defendant from frivolous claims and will make plaintiffs think long and hard before bringing an issue into court. The severity of the matter will also be an issue for the plaintiff because in order for them to continue, they must literally “pay and play”. This will help solve the matter much quicker and will at times also cause the plaintiff to withdraw if he/she feels as if there isn’t substantial evidence to carry on.

Intimidated is how most people feel when they think of filing a civil lawsuit; overcrowded court dockets added to the typical proceedings of litigation can add up to high costs in both time and finances. Once through the phases of Pre-trial and Trial the plaintiff may find themselves in Post-trial and possibly an Appellate Court adding to the emotional stress and possible financial loss. An option for a less informal process which could be considered over traditional lawsuits is known as alternative dispute resolution, ADR. ADR has become a popular way to settle cases and should be reviewed by Client and Attorney as a feasible option and one that should be considered when filing personal injury lawsuits.

presence of a jury, if the defendant wishes so. Even if a case is too

Resolution Pre-Trial. Many cases may resolve prior to trial through motions filed to the court, such as a Motion to Dismiss. When this occurs the case has come to a resolution without trial. This is also different then agreeing to a settlement as these motions are decided by the court.

IG :The managers trust me more than the other employees, so ive been scheduled on more days.

Mediation: An “alternative dispute resolution” that has a mediator negotiate the disputes of the plaintiff and defendant to help them reach an agreement; the mediator does not have the authority to enforce a settlement.

Dispute Resolution would give plaintiffs the luxury of not having to deal with all the hassles of

Usually, when the statute of limitations (SOL) has run on a claim the defendant can raise the defense of a 12(b)(6) motion to dismiss the claim because the claim has fallen outside of the SOL period; however, in certain cases it is not reasonably possible for a person to know that an action in law has occurred. In this instance, it would not be fair to make a person responsible to bring a case in a timely fashion, if he or she did not know that a case should be brought. In a case where it is not immediately apparent that an error has occurred and a case could be brought, the SOL begins to run when a person has discovered, or in the exercise of reasonable care should have discovered the error due to another’s negligence. Jon

Alternate dispute resolution, as its name implies, offers an alternative to traditional civil litigation. The time and cost to bring a traditional civil case to trial are enormous. Alternate dispute resolution offers a more efficient settlement of disputes both in terms of time and money and has other benefits.

Mediation supports people to find a path through the pain of conflict and out to resolution. Mediation does help parties to generate their own positive outcome from their conflict journey (Katherine Graham, 2010)”.

Mediation: is part of the alternative dispute resolution. It can be defined as a Neutral third party that helps in making decisions but is usually not binding on the parties and has no authorities in making the decisions. The use of this technique is very helpful when the disputing parties have reached dead ends or personal animosities that direct discussions between them become impossible. On the other hand Dispute resolution is the process of disputing resolutions between different parties itself and there are different forms of alternative dispute models where mediation is one of them and the rest can be

Going to trial is not the best option to resolve disputes. The majority of people use Alternative Dispute Resolutions or ADR, these procedures are less formal and controversial than going to trial to attain an agreement. Besides going to court people has the possibility to use other procedures, the most commonly used are mediation and arbitration.

The purpose of this paper is to summarize and analyze the method of alternative dispute resolutions. An outline of the various forms is provided as well as a discussion of the methods used in two dispute cases relating to a borrower and an employee. In this paper I will also discuss alternative dispute resolution methods to be used in solving disputes in the current learning team environment.

A necessary pre-requisite for any arbitration proceeding is an arbitration agreement which embodies the consent of the parties to submit their disputes to arbitration. This is because the choice of an effective alternative dispute resolution forum cannot be enforced unless it is contained in a legally enforceable contract. The enforceability of such arbitration agreements reached new heights with the coming of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the UNCITRAL Model Law (Model Law) which led to uniformity in the arbitration laws of various countries. It must be noted that the law of arbitration in India, which would be the focus of this essay, is also substantially based on the

Contrary to that, some observers have argued that it is not at all clear that informal processes like ADR may be a disadvantage to minority groups any more than formal processes like settlement . Formality may influence people to be on the right side of the law and play by the book, it risks imposing its own obstacles to ‘justice’.