Litigation, Alternative Dispute Resolution And Criminal Laws

1673 WordsApr 19, 20177 Pages
Litigation, Alternative Dispute Resolution and Criminal Laws [Case Study: Adele, Roberts and ABC and XYZ] Name of Student:…………………………………….. University of the People 04/10/2017 For each of the following scenarios, state whether you believe litigation, ADR, or criminal prosecution is the appropriate response and explain your answer, citing information from the textbook as support for your positions. Introduction In business, disputes that occur between businesses (business to business dispute), employer and employee (business to employee) and business and customers (business to consumers) are inevitable and there are laws that are put in place to ensure that disputes are settled and ethical behaviors are promoted within and outside the…show more content…
68-69) Arbitration is the highest level of ADR where parties vest power in third-party lawmakers to decide a conflict. Arbitration method may be legal binding or non-legal binding, compulsory or free and it is commonly used among businesses and their consumers. The arbitrators, who may be a member of a judiciary listens to the evidences and issues an arbitration awards. (Lau & Johnson, 2011, p. 70-74) In addition to the above alternative dispute resolution methods, there is also a higher court of law that handles cases that the ADR cannot handle, which is called litigation. Litigation is a case, filed in the court of law by a plaintiff demanding an equitable remedy. The parties involved in litigation are called litigants such as plaintiff (the victim), counter-plaintiff (initial defendant who is raising a claim against the plaintiff), defendant (the perpetrator), counter-defendant (initial plaintiff who is been sued in return by the defendant), joinder (merging of parties under litigation), et al. It is very expensive to charge people, businesses to court, but litigation is unavoidable in business. In litigation, litigants are relied upon to present and defend their claims. Also, parties are to hire attorneys who are also referred to as members of the bar to file their cases, except in some of the small courts and those who think hiring an attorney is a waste of money. The member of bar’s first duty is to administer justice and it is also their
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