Nontraditional and Traditional Litigation

In: Business and Management

Submitted By partypalpatty
Words 695
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Nontraditional and Traditional Litigation
Patricia L. Northern
January 10, 2013
Andrew Bethart

Nontraditional and Traditional Litigation The video “Litigation and Alternatives” presented different legal issues seen. The foundation of the issue is that Quick Takes did not like the equipment from Nonlinear Pro. A signature on a delivery slip disguised as a lease contract was the basis of the $5000 payment. Both parties have brought forth their arguments to pay or not to pay and what would be the best method to do so. There are two systems in place for dispute resolution: the traditional system that includes litigation, pleadings, discovery, jury, and trials. These processes are time-consuming and very costly related to the complex rulings and the hiring of lawyers to navigate the process. The second system is non-traditional as it is alternative dispute resolution (ADR) and developed out of the frustration of bringing up a traditional lawsuit. These include negotiation, mediation, arbitration, and a newer trend of the mini-trial. The complaint filed by Quick Takes, their premise is that an oral agreement of trialing the equipment for a month was agreed upon. They were very unhappy with the equipment’s performance and sent it back prior to the month period. They had an employee spend three weeks trying to work on the equipment and also an employee suffered a laceration from the equipment that later became infected. Quick Takes can take the traditional route and proceed to trial. This can be a very long and complicated process. “A trial can last less than one day to many months, depending on the type and complexity of the case” (Cheeseman, H. R. (2010) Business Law). The other option is alternate dispute resolution that does not involve the courts of laws or even lawyers most of the time. The options would be to mediate, arbitration…...

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