Litigation and Alternatives Essay Example for Free

Litigation and Alternatives EssayAmerica has come a long way since the American colonies manufactured from where humanity was to where humanity is now. We did not have the law system that we have now and issues were clear that turned into chaos. From law courts, chancery courts, to merchant courts, there are several categories of courts. Those that we separate are national and State costs. Federal Courts take everyplace foreign and interstate commerce that entail of U. S. District Courts, U. S. Court of Appeals, and U. S. Supreme Courts.State courts take over state legislatures that include State Supreme Courts, Appellate Courts, exam Courts, and Lower Courts. Living in society today, we will have different views and different perceptions. We will each at one time come to face litigation or some type of ADR matter. With this universe said, litigation, and alternatives will fall into place at least one point in ones life. This is part of what twain parties, as mentioned i n the video will face. A company called Quick Takes tried out a plan to help build their business to grow.Incidentally, the program Non Linear master did not quite operation out for Quick Takes. Thankfully Quick Takes had been under the impression that Non Linear Pro was a trial. to a lower place any circumstances had Quick Takes been under the assumption that Non Pro Linear had been a permanent program that had been purchased. Soon to discover a bill of 5,000. 00 was sent to Quick Takes. Quick Takes immediately contacted Non Linear Pro and advised that the bill had been invalid. Both parties had a verbal agreement of trying out the product as a trial.Although there may had been a verbal agreement, Quick Takes unknowingly signed a switch off thought to be a delivery slip signed by Janet Mason. Non Linear Pro verbalize that the lease had been signed and if Quick Takes did not cooperate, then Non Linear Pro would create a lawsuit. So to name some of the legal issues that the bo th parties could face are arbitration, meditation, litigation, cross complaint, and mini-trials. Arbitration is an arbitrator that helps settle disputes in the midst of the two parties by researching the information provided by both parties.The arbitrator is a member of the American Arbitration Association who makes the ultimate decision of the outcome amongst the two parties by helping the two come to an agreement. The two parties will use arbitration when there is no need for a nevertheless relationship. Mediation is primarily used when there may be a approaching relationship between the two parties. The two parties come to an agreement and make the ultimate decision. A neutral caller helps both parties come to an agreement however, it does not make the ultimate decision. Mediation is primarily used when they can or may continue to maintain a relationship.Litigation also known as a judicial dispute resolution takes place in courts. The courts ultimately will make the decisio n of the outcome between the parties. Mini-Trials are a compromise between mediation and arbitration. Lawyers represent both parties and a neutral party is involved to help settle by advising of strengths and weaknesses. If the two parties do not come to an agreement in a timely matter then the neutral party will make the decision. Cross-complaint occurs when the defendant sues the complainant due to other damages caused by the plaintiff.The legal issues presented in the video are dealing with litigation. The plaintiff served the defendant and the defendant needs to respond or a default judgment will be entered. In this case, arbitration wil be the best method. I do not see a future in either partys relationship. Most individuals will choose arbitration and mediation over litigation because it is cheaper, no lawyers are involved, and there is a lack of publicity. Reach out to as many another(prenominal) sources to prevent any type of legal action. Having many options, the ultimate decision will impact firmly on the outcome.