Mediation Memorandum
TO: Alex Fairchild, Mediator
FROM: Marshall Petersen
DATE: March 7, 2017
SUBJECT: Dispute between Marshall Peterson and Barfield Family Farms
My name is Marshall Peterson. I am the owner of a small, local health food products business, in Huntsville Alabama. I have recently filed a civil action lawsuit against Barfield Family Farms, a local produce supplier, for breach of contract. I have agreed to try and resolve this matter through this mediation, at the Barfield Family Farm’s request.
Facts of the case I began exploring faith with my Christian wife, Gloria, about six months ago, and made the decision to attend church with her. On the first day of attending church, I was approached by a fellow parishioner
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Directly after the article’s publication, Mr. Barfield informed me that his family farm could no longer supply the Muscadine grapes and other antioxidant products to my health store. As a business owner, I believe the breach of contract by Mr. Barfield and his family farm, will cause irrevocable harm to my business profits. As a learning student of faith and Christ, I am perplexed by Mr. Barfield’s integrity. In church, I have been learning that just as God keeps his words, he expects his followers to do the same. I offer you the following Bible verse as a basis for expecting Mr. Barfield to fulfill his Christian duty to his promise, “It is better not to make a vow than to make one and not fulfill it. (Ecclesiastes 5:5, New International Version).
Contract Terms
The set-forth agreement is between Marshall Peterson and Barfield Family Farms. Marshall Peterson retains the right to buy Muscadine grape and other antioxidant products by the Muscadine seeds from Barfield Family Farms at any quantity requested. Barfield Family Farm’s billing rates shall be the same as those outlined in the price schedule in the terms of this contract and shall not exceed $8 per gallon. Marshall Peterson and Barfield Family Farm shall perform in good faith in by following the proposed services found in the outlining pricing schedule. This agreement commences upon the signing of this
This past week I met a guy name Jesus Castellanos at work. I've been working there for the last year never really sat down and had a conversation with him until last week. I learn that he's a pastor. He also invited me to attend church this past Sunday, which I did and it was great. This experience made me nervous at first bet I'm glad I talk to him he's such a nice man. All he talked about was his family and god.
A contract is defined as, “a legally enforceable exchange of promises or an exchange of a promise for an act that assures that parties to the agreement that their promises will be enforceable (Kubasek 2015).” Contracts are essential for businesses to conduct business with one another. Before delving too far into the Muscadine grape case, it is also important to note that a sale is the, “passing of title to goods from buyer to seller for a price (Kubasek 2015)” and that a good is considered, “tangible personal property (Kubasek 2015).” Muscadine grapes and their by-products are the goods in question. When considering any legal case it is important to first consider the facts and the issues that are being considered.
“Grievance mediation is an alternative dispute resolution procedure which promises many of the advantages of arbitration in less time and at lower expense” (Roberts, Wolters, Holley, & Field, 1990). Mediation is less time consuming and the least expensive method of resolving a complaint than going forward with the arbitration process. If chosen by the complainant, grievance mediation is a completely voluntary step. This is the step prior to going forward to the arbitration process. The mediation step provides an opportunity for a
The intent of this mediation memo is to explain the breach of contract by the Muscadine grape producer, with whom l had entered into an agreement with to supply Muscadine grapes for my business. The agreement was supposed to account for a fixed price schedule, and I will delve into the facts of the case to clarify the breach of contract. I will explain the legal issues of the contract breach, request possible restitution, and appeal to conditions under which we can arrange a settlement.
Rush Johnson Farms Inc., brought suit against Missouri Farmers Association Inc., (MFA) for $4,094.60 which Johnson claimed to be the balance due for soybeans sold to MFA. This case presents for the first time in Missouri the question of
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The purpose of seeking mediation with Alexis Fairchild is that the Grape Producer of the Muscadine product line and I can come to a meeting of the minds resulting with mutual resolution. This memorandum will provide the facts of the case, contract at issue, legal issues, suggested remedies, and conditions to achieve settlement resolution.
Under the framework, the tenant farmer leased a plot of land and paid for it with a rate of the product - more often than not 30 to half. Tenant farmers would get instruments, creatures, compost, seeds and sustenance from the proprietor's store and would need to pay him back at extraordinarily high loan fees. The proprietor would decide the yield, direct creation, control the weighing and promoting of cotton, and control the
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