Eunice's Case Summary

Arbitration is the submission of a disputed matter to an impartial person (the arbitrator) for decision. Arbitration is typically an out-of-court method for resolving a dispute. The arbitrator controls the process, will listen to both sides and make a decision. Like a trial, only one side will prevail. Unlike a trial, appeal rights are limited.

The arbitration method consists of the selection of an impartial third party called an arbitrator that will hear and decide on the dispute. In the case of AMF v. Brunswick the ruling was that the parties were required to seek arbitration for their dispute.

The lawsuit was filed in Manitoba Court of Queen's Bench last month. The defendants of the lawsuit are Northern Regional Health Authority, the Government of Manitoba and Dr. Afshin Mobarakeh. The lawsuit alleged that the girl’s death was due to negligence by the doctor and the nursing

Historically, dispute resolution methods have ranged from courtroom litigation, negotiation, and even to physical combat. Most legal needs of ordinary people, multinational companies, and countries have over the last decade changed. When confronted with disputes, people are learning that whenever possible the most advantageous means of deciding the disputes is through reaching practical and private agreements instead of contending for years and in the end spend enormous quantities of cash in courtroom battles. Referable to the huge amount of money and time spent during the visitation process, most business communities have in the recent past turned to the legal alternatives that are more private, economical and prompt than the court. An alternative dispute resolution (ADR) refers to a spectrum of legal avenues that utilize other means besides trial to decide conflicts. There is a great deal of benefits regarding use of Alternative Dispute Resolution (ADR) as a sound replacement for addressing civil disputes.

Cooley, J. W., & Lubet, S. (2003). Arbitration Advocacy (2nd ed.). Notre Dame, IN: National Institute for Trial Advocacy.

Because this case's predominate issue involves the interpretation of the PA and because the parties have agreed to arbitration and the District has moved for arbitration, the Court concludes that arbitration is the proper forum for Plaintiffs' complaint. Thus, the Court remands Plaintiffs case against USD to arbitration as this Court favours arbitration.

In evaluating the legality of an arbitration clause, the court examines the nature of the provision as it relates to both irrevocable statutory rights and private agreements between the employer and employee. To invalidate an arbitration provision on the basis of

Arbitration is used by many companies to resolve complex resolutions without the use of formal courtrooms. "Arbitration is becoming more common in human resources disputes" (Fallon & McConnell, n.d.). Arbitrations help to resolve a conflict between two parties who cannot agree. Arbitrators do not have opinions regarding the information presented on both sides. It gives the opportunity for both parties to bring valuable information to the table knowing and feeling the outcome will be justifiable. Arbitration is also more cost-effective for the company and the worker, and the results are much faster usually within a few weeks as compared to years if handled through the court system.

As litigation continues to be a time-wasting, costly, distracted, and unsatisfactory practice for dispute resolution, alternative dispute resolution increases in popularity, specifically, mediation and arbitration. Arbitration is a cost efficient substitute to litigation that is the yielding of a dispute to an impartial party in order to receive a final incumbent decision in the form of an award. Arbitration is sensitive, classified, and modeled to be a swift, and inexpensive solution to dispute. Participating parties may include additional terms in the agreement identifying arrangements to their agreements’ arbitration clauses to meet the requirements of their discrete dispute. In summation, arbitration is process that is private, speedy, cost efficient, and customized to the liking of the parties involved.

From Figure 7.3 Eunoia’s two options from the competitive composition gave us market development and product development we can see that they both came close with respectively a 5.27 and 5.20 on the scale the market development was the most recommended choice. Market development seems like a good fit for the small business as it is just in the infant stages of development and it is important to reach those main demographics and potential new markets for growth and expansion. Product development would be good towards The EO Fairy for potentially expanding the essential oil accessory line.

The court’s power to require the attendance of witnesses can often be very important to the proper resolution of a dispute. The right to a jury also may be very valuable to one or more litigants. Finally, the existence of an appeals process can be critical. There is not much a party can do about an arbitration award that is unfavorable. But if a judge makes a mistake the decision can be appealed to a higher court.

In this article it talks about arbitration and how it should be handled. The reasons for this argument started with the fact

This essay will provide a detailed examination of what Alternative dispute resolution (ADR) is, particularly mediation, the various techniques of ADR, the advantages and disadvantages of ADR; and whether or not courts should have the authority to compel individuals into undertaking mediation or other forms of ADR. This essay argues against courts having the power to compel litigants into mediation but may be afforded powers to encourage parties to go through mediation at first instance. This essay will base its arguments on whether courts should compel civil litigants to follow the ADR route upon the perceived advantages of ADR and its success rate. The contention of this essay is not that mediation is inappropriately used to settle

With all of these acts and statutes being passed, it seemed as though arbitration was the way to go. But as more and more agreements to arbitrate future disputes were executed, other nonarbitral forms of alternative dispute resolution such as mediation and neutral fact-finding became common.

Arbitration is legal technique used to resolve any disputes outside of the courts. Arbitration allows for speedy and cheap resolution of any disputes, the parties involved in a dispute agree to appoint a third person (arbitrator) who will hear their testimonies, and look into the evidence they provide. The arbitrator's decision cannot be challenged in a law court as it is considered final and the parties involved have to accept the decision (Brams & Merrill, 1986). There are only very limited circumstances where the decision of an arbitrator can be challenged, and this is mostly if there can be proof from one of the parties showing that the arbitrator was biased in their decision or ruling. The chosen arbitrator will be an experienced person in the area of the dispute.