Traditional and Nontraditional Litigation
Basically, alternative dispute resolution (AD) is taken as a way of resolving conflict in a confidential though informal way. Litigation on the other hand can be described as a process where a lawsuit is maintained and defended. Nontraditional forms of AD avail alternatives to the traditional litigation system. In this text, I will concern myself with the main differences as well as similarities between the nontraditional forms of AD and the traditional litigation system.
Traditional Litigation and Nontraditional forms of AD
Differences
According to Beatty and Samuelson (2009), nontraditional forms of AD are cheaper than the traditional litigation system. This essentially means that in terms of costs, the traditional litigation system comes across as being more expensive. While the costs associated with nontraditional forms of AD are limited to arbitrator fees and the fees of the attorney, the traditional litigation system could in addition to attorney fees also include court…...
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References
Beatty, J.F. & Samuelson, S.S. (2009). Introduction to Business Law. Cengage Learning.
Hart, W., Blachard, R.D. & Hart, W.M. (2006). Litigation and Trial Practice. Cengage Learning.
Redfern, A. (2004). Law and Practice of International Commercial Arbitration. Sweet & Maxwell.
Mediation of a dispute typically involves using a neutral third party to act in the role of a guide, a negotiator, or someone who might she differing viewpoints upon a situation. They may or may not be a member of the legal profession, but are required to hear both sides of the dispute, then meet with the parties, and focus on a mutually beneficial solution to the issue. Mediation is less formal than arbitration, and tries to ensure that parties "really want a solution" to the issues and will work to find said solution. Arbitration, however, usually requires a judge or attorney, and is similar to a court proceeding. Often, both sides must agree to the decision by the arbitrator to be binding, and typically, arbitration avoids lengthy trial proceedings. In arbitration, both sides state their position, witnesses may be called, and the arbitrator can probe both sides as…...
Managing isk Assessment and Litigation in UK Physical Education Departments
This is a research proposal for a British university that aims to examine the rise of the litigation culture in the UK, as well as how schools' physical education (PE) departments are geared towards coping with it, particularly in light of professional training of physical education teachers for this purpose by management. isk assessment training is a management-based programme; therefore, the emphasis lies on how the PE manager/head of department manages the process of risk assessment.
isk assessment has reached a new level of importance in the Information Age. The growth of sophisticated networked information systems and distributed computing has created a potentially dangerous environment for private and public organizations. "Critical data -- such as from trade secrets, proprietary information, troop movements, sensitive medical records and financial transactions -- flows through these systems" (Hamilton, 1999, p. 69). Consequently, organizations are becoming increasingly…...
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References
Araki, K., Huddleston, S. & Mertesdorf, J. (2002). Physical Activity Behavior and Attitudes toward Involvement among Physical Education, Health and Leisure Services Pre- Professionals. College Student Journal, 36(4), 555.
Booth, W.C., Colomb, G.G. & Williams, J.M. (1995). The craft of research. Chicago:
Brynteson, P., & Adams II, T.M. (1993). The effects of conceptually-based physical education programs on attitudes and exercise habits of college alumni after 2 to 11 years of follow- up. Research Quarterly for Exercise and Sport, 64, 208-212.
Centers for Disease Control and Prevention. (1996). Physical activity and health: A report of the Surgeon General. United States Department of Health and Human Services, National Center for Chronic Disease Prevention and Health Promotion, Atlanta, GA.
PAC won their case, with the court ruling that all children, including those with identified special needs, were entitled to a "free, appropriate public education" (Eric 1998). This case, and several others that challenged similar laws and/or de facto education practices, led in 1975 to Public Law 94-142, now better known as the Education for All Handicapped Children Act (EIC 1998). This piece of federal legislation mandated that all children receive the "free, appropriate public education" at their local institutions.
The Education for All Handicapped Children Act also led directly to the Individuals with Disabilities Education Act, or IDEA (EIC 1998). This law provides direct federal guidelines for the services that state and local public educational agencies and institutions must provide to students with disabilities, including early intervention programs for infants and toddlers and school programs for children in kindergarten and beyond (EIC 1998). Continuing amendments to both the Education…...
Susan P. Sturm titled: "The Legacy and Future of Corrections Litigation" details the importance of litigation to correctional reform, the correctional and legal landscape within the Prelitigation era, and the impact of litigation on the management and organization of correctional institutions. Litigation within federal courts comes as a routine and integral part of corrections management. Because of its importance in corrections management, it has been made obligatory upon corrections officials to recognize more the legal issues that were often in the past left to corrections counsel.
One good example is the "mootness" doctrine, that while seems highly legalistic, is not so much the case. Mootness is not simply and solely an apprehension for the department of corrections council. Rather, certain decisions with direct association to mootness are commonly made by said corrections administrators not having consulted with corrections council. Making such decisions can have a major impact on results of…...
traditional litigation and pursuing AD in this case.
Litigation is becoming more prevalent within developed countries. As aspects of wealth inequality, poor economic prospects, and low job prospects taking hold, many individuals are elected to use the court system as a means of getting rich. Due to the sheer volume of cases that were being seen by the courts, the process has now become very slow. It is not uncommon for individuals to wait months, even years, to have their case seen before a judge and a resolution provided. Litigation can be a costly and unfulfilling endeavor, particularly if the dispute is frivolous. Fortunately, an AD offers an efficient and timely method in which to resolve these disputes. Through AD, parties can arrive at a solution that allows the dispute to be settled with the hassle, costs and negative publicity associated with litigation. In addition, an AD, can provide a…...
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References:
1. Abram, Lisa L. (2000). "Civil Litigation." The Official Guide to Legal Specialties. Chicago: National Association for Law Placement, Harcourt Legal & Professional Publications. p. 71. ISBN 978-0-15-900391-6.
2. Matthews, Joseph L. (2001). The Lawsuit Survival Guide. Nolo.com ISBN 0-87337-760-5
The zero tolerance policies that have often been put into place in order to safeguard against lawsuits from repeated transgressions are one of the clearest examples of the unfairness of things in the current climate. The story of the six-year-old suspended for brining her grandfather's pocket knife to show and tell is proof positive that the humanity has been litigated out of education. Again, safety is paramount, and it is more than understandable that a school would want to ban weapons from its grounds. At the same time, however, the teacher that suspended this student must certainly have felt a great deal of fear regarding her job and the possibility of other legal issues had she failed to strictly apply her school's standards.
Fear seems to be the dominant motivator for many actions in the climate of litigation that permeates the public education sector. More than anything else, this is what…...
An astounding 72% of teachers were seen to think that parents too often take their child's side without being reasonable to what really happened from an adults' point-of-view. Additionally, many may see the chance of a lawsuit as a way to get rich quick, and therefore blow up the situation bigger than necessary for the potential of a large payment. Since this happens too often within modern practice, it is understandable how both teachers and educators alike would take a disliking of such cases.
Yet, despite these complaints, most educators and educational administrators have been seen in this research to believe that protection of children is worth the annoyance of litigation. Although many educators see lawsuits as taking a personal toll, the research overwhelmingly showed that many thought it was still necessary to have the option to sue to protect those children who have been wronged. The research presented here…...
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Resources
Aldridge, Delores P. Litigation and education of blacks: A look at the U.S. Supreme Court. Journal of Negro Education. 47(1):96-112.
Johnson, Jean & Duffett, Ann. (2003). I'm calling my lawyer: How litigation, due process and other regulatory requirements are affecting public education. Public Agenda.
Katsiyannia, Antonis & Herbst, Maria. (2004). Minimize litigation in special education. Intervention in School & Clinic. 40(2):106-117.
Executory Arbitration MEMOAdvantages and Disadvantages of ArbitrationArbitration and litigation are both legal processes that can be used to resolve disputes. Arbitration is a process in which an impartial third party, called an arbitrator, hears both sides of the dispute and then makes a decision. Litigation, on the other hand, is a process in which the dispute is adjudicated by a judge or jury in a court of law.There are several advantages and disadvantages of arbitration as compared with litigation. One advantage of arbitration is that it is typically faster than litigation. Another advantage is that it is usually less expensive than litigation making it a preferable approach for organizations. A disadvantage of arbitration, however, is that the arbitrators decision is final and binding, and there is no appeal process. Additionally, arbitration may not be well suited for complex disputes (Gough, 2021).In contrast, one advantage of litigation is that it provides…...
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ReferencesGough, M. (2021). A Tale of Two Forums: Employment Discrimination Outcomes in Arbitration and Litigation. ILR Review, 74(4), 875-897.Resnik, J., Garlock, S., & Wang, A. J. (2020). Collective Preclusion and Inaccessible Arbitration: Data, Non-Disclosure, and Public Knowledge. Lewis & Clark L. Rev., 24, 611.Samuel, A. (2021). A Look Back at Where English and US Arbitration Law Comes From: The Long 18th Century. Alternatives to the High Cost of Litigation, 39(8), 125-128.
Landlord-Tenant MediationLandlord-tenant mediation offers numerous advantages. First, it makes possible a quick resolution without significant cost; second, it can lead to a satisfactory resolution for both parties, whereas trial by judge or jury typically does not result in a win-win solution or compromise solution for both sides. There are several aspects to mediation that must be understood, however, before one can choose whether it is the best option. Typically, the first thought of those involved in a dispute is to engage in litigation. Yet, litigation is often too polarizing. During the entirety of the process, facts are presented without justification; each side is constrained to yes or no answers, and more often than not status of adversaries is cemented. On the contrary, mediation presents opportunities for each party to reconcile with themselves and with each other. This study will focus on the multifaceted aspects of landlord-tenant mediation, the type of…...
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ReferencesCarrier, S. (2018). Seven questions to answer before the mediation begins. Dispute Resolution Magazine, 24(4), 29-32. Retrieved from P., Chen, K., & Wu, L. (2017). The impact of trust and commitment on value creation in asymmetric buyer-seller relationships: The mediation effect of specific asset investments. The Journal of Business & Industrial Marketing, 32(3), 457-471. Curcio, W. (1992). Mediation and homelessness. Public Welfare, 50(2), 34. Retrieved from http://web.a.ebscohost.com.ezproxy.lib.ou.edu/ehost/detail/detail?vid=0&sid=7bbe3308-1799-4edd-8a5e-4d8933b597ec%40sessionmgr4007&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#AN=9208240406&db=f5h Fodor, S., & Bennett, S. (2010). Arbitrating commercial real estate lease disputes. Dispute Resolution Journal, 65(2), 90-94. Retrieved from https://login.ezproxy.lib.ou.edu/login?url=https://www-proquest-com.ezproxy.lib.ou.edu/docview/791345203?accountid=12964 Lambert, M. (2017). Mediation, assimilation, and German foundations in North America: Francis Daniel Pastorius as cultural broker. Pennsylvania History: A Journal of Mid-Atlantic Studies 84(2), 141-170. https://www.muse.jhu.edu/article/650759 Law Depot.(2004). Renter’s conflict: A landlord’s guide to dealing with feuding tenants.Retrieved from https://www.lawdepot.com/blog/landlords-guide-to-dealing-with-tenant-conflict/Schwab, C. (2019). Landlord tenant mediation: A modern approach to tenant issues. Retrieved from https://www.avail.co/education/articles/landlord-tenant-mediation-a-modern-approach-to-tenant-issues Waldinger, S. (n.d.). Common landlord tenant disputes and how they can be resolved. Retrieved from https://www.kiscolawfirm.com/articles/common-landlord-tenant-disputes-and-how-they-can-be-resolved/https://heinonline-org.ezproxy.lib.ou.edu/HOL/Page?handle=hein.journals/disput24&id=166&collection=journals Chen,
For example, "in 1999, a Los Angeles jury issued the biggest punitive damage verdict ever -- $4 billion -- against General Motors (GM). The plaintiffs had been trapped and burned when their automobile gas tanks exploded. In court it was revealed that GM had chosen not to warn the public about the gas-line defect because it judged it would be cheaper to pay out individual lawsuits than to recall the defective automobiles," as explicitly stated in an internal company memo (Court 2004)
Do you think pre-conviction forfeiture in criminal cases is constitutional?
Strictly speaking, the practice is of highly dubious constitutionality, given that Amendment 7 of the U.S. Constitution requires a trial by jury to convict them of a crime. In some cases, pre-conviction forfeiture has been used to remove animals when someone is charged with abuse, which may seem like a noble use of the statute, but even then, given…...
DiCenzo v. Best Products Company, Inc. (Dicenzo v. A-Best Products Co., Inc., 2008), is actually a compilation of several different personal injury actions filed against approximately 90 different defendants. Such filings are not unusual in the products liability field particularly in cases involving asbestos manufacture, sale and distribution. The wide use of asbestos and its popularity as a fireproofing and insulating material resulted in many firms becoming involved in the asbestos industry but when it was later determined that asbestos was also a serious carcinogen the high number of business involved in the industry also served to complicate the litigation process. The result was that many such cases were consolidated in order to avoid the litigation of the same issues over and over again. The instant case presents a classic example of how and why asbestos cases are so readily consolidated by the courts.
The named plaintiff, one of ninety,…...
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References
Brickman, L. (1992). The Asbestos Litigation Crisis: Is there a need for an administrative alternative? Cardozo Law Review, 1819-1889.
Chevron v. Huson, 404 U.S. 97 (U.S. Supreme Court 1971).
Cupp, R.L. (2003). Asbestos Litigation and Bankruptcy: A case study for Ad Hoc Public Policy Limitations on Joint and Several Liability. Pepperdine Law Review, 31-54.
Dicenzo v. A-Best Products Co., Inc., 120 Ohio St. 3d 149 (Ohio Supreme Court 2008).
This is usually a low standard to achieve. As long as a person acts in a way which avails the person of the protection of the laws of that state, that person has subjected themselves to the jurisdiction of that state (International Shoe).
Next, the complaint will allege subject matter jurisdiction, i.e., that the lawsuit fulfill the requirements for this court to hear it? Pertinent requirements can include how much money haws plaintiff sued for or whether the case poses a question about a federal statute or the U.S. constitution. In many cases involving litigants from different states, the Plaintiff will allege that he is suing the Defendant for an amount greater than $75,000.00, which is the minimum monetary amount for federal subject matter jurisdiction (Title 28 U.S.C. § 1332(a)) and that the Plaintiff does not reside in the state in the same state as any defendant (Am Jur Pleading…...
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Works Cited
Alternative dispute resolution. U.S. Office of Special Counsel (2010, January 18).
A lawsuit would create bad publicity for the bank during a period when it needs to create a positive image for itself in the media.
Retaining a strong relationship with an IT business partner is beneficial for CS, given the ever-changing nature of technology. The changing demands of the project is one reason the company has had such as stressful relationship with SS, and presumably the new system will require updates and reform in the future. Fostering a bad relationship with a well-known technology company is hardly in the interest of CS if it needs to update its system again.
Specific measures managers may take to minimize legal risk or realize legal opportunities.
Clarity in wording is essential in the future agreement for both parties. From the perspective of SS, limiting its liability is of paramount important, given that under the current contract, regardless of how tenuous an argument, CS might be…...
Liability insurance marketer and clinical resource" (Chizek, 2003)
As standards of care constantly change, medical and nursing staff must keep informed of current standard to develop and/or modify policies and procedures, which must be maintained and secured indefinitely. In the event the facility is sued, these will be used to establish the current standard during the time of the questionable occurrence. Policies and procedures also provide the legal nurse consultant with the foundation for facility documentation to be judged for compliance. (Chizek, 2003)
The minimum length of time the modified policies and procedures should be kept is the time frame of the statute of limitations in the individual jurisdiction. In most jurisdictions, the statute of limitations is two to three years."…...
Brown, M.R. (1999, February). America's Most Wanted J-O-B-S. Black Enterprise, 29, 109.
Chizek, Mardy. "Can you use a legal nurse consultant? These specially trained and experienced nurses can be frontline protectors against liability suits. (Feature Article)." Nursing Homes, February 1, 2003.
Clark, Scott a.. "Keys on developing the best laid business plans," the Journal Record, April 12, 1999.
I. Introduction A. Definition of internal governance procedures B. Importance of internal governance in a care home setting II. Leadership and management procedures A. Structure of leadership roles in a care home B. Training and development of staff members C. Communication channels within the organization III. Compliance procedures A. Regulatory requirements for care homes in England B. Monitoring and auditing processes C. Policies and procedures to ensure compliance with regulations IV. Risk management procedures A. Identification and assessment of risks within the care home B. Strategies for mitigating risks and ensuring resident safety C. Incident reporting and investigation procedures V. Quality assurance procedures A.....
1. The Disproportionate Impact of Poverty on Access to Justice
Explore the systemic barriers faced by low-income individuals in accessing legal services, including lack of financial resources, limited awareness of legal rights, and discrimination. Examine the role of poverty in perpetuating legal inequality and fostering a cycle of disadvantage.
2. The Intersecting Effects of Race, Class, and Gender on Legal Outcomes
Analyze the complex interplay between social class, race, and gender, and its impact on access to justice for marginalized communities. Discuss how these intersecting identities can exacerbate legal barriers and shape courtroom experiences.
Understanding the law on e-commerce is crucial for businesses operating online. Here are a few reasons why it is important:
1. Compliance with regulations: E-commerce laws are in place to protect consumers and ensure fair business practices. By understanding and following these regulations, businesses can avoid legal issues and penalties.
2. Protection of personal data: Being aware of laws governing the collection and handling of personal data is essential for safeguarding customer information. Compliance with data protection laws is crucial to maintaining trust and credibility with customers.
3. Intellectual property rights: E-commerce businesses must understand laws related to trademarks, copyrights, and patents to....
E-commerce, or electronic commerce, has revolutionized the way businesses and consumers interact. With the rise of the internet and digital technologies, transactions are increasingly taking place online, creating both opportunities and challenges that require a thorough understanding of the legal framework governing e-commerce.
1. Consumer Protection
E-commerce laws aim to protect consumers from unfair or deceptive practices. Consumers have specific rights related to online purchases, including:
Right to Accurate Information: Merchants must provide clear and accurate information about products and services, including descriptions, prices, and delivery terms. Right to Return Goods: Consumers may have the right....
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