LAW531 LAW/531 The Legal System and ADR Analysis - 52508

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  • Posted on: Sat 29 Mar, 2014
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Request Description

Write a memo on a state (not federal) level business dispute. Describe as if you were writing a "white paper" for your boss who wants to know how a case like the one you have chosen would be processed throughout the various legal phases in a state court system.


 

Because most cases never make it to trial, it is also important to consider alternative methods of dispute resolution. Suppose your selected case was initially submitted to ADR. What methods of ADR would be available to pursue? Which of these ADR methods do you think would be the most appropriate? Why?



Required
 elements:

  • Discuss the differences in costs and benefits of going through traditional litigation and pursuing ADR in this case (Consider for example, why one of the parties in the case you're looking at may have preferred keeping the case out of court).
  • No more than 700 words.
  • Format is consistent with APA guidelines.
Solution Description

Facts: Firtel forms a company by himself and later Saunders becomes a part owner of the company. Saunders also becomes an employee of the company as part of a larger business relationship. Later, Firtel and Saunders form another company as equal owners. After successfully operating both businesses for years, a dispute arises out of unpaid wages to Saunders, who tried to change the compensation method of the business relationship. Firtel fires Saunders (Bennett, 2009).

 

The legal phase for the case described above would begin with Small Claims Courts. If the case is not settled, it could potentially go to the State Trial Courts of General Jurisdiction. If no settlement is reached in

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