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Essay / Research Paper Abstract
4 Case Studies : 7 pages in length. The writer briefly discusses four cases studies that pertain to litigation and/or arbitration. Bibliography lists 2 sources.
Page Count:
7 pages (~225 words per page)
File: LM1_TLCArbLitig.rtf
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Unformatted sample text from the term paper:
of the stipulations against arbitration is when a definitive resolution is required. Inasmuch as the supplier argues against the customers claim that its product is defective, there is no
grey area where product quality is concerned and as such litigation is the only means by which to reach a definitive answer. A
mini-trial is offered as a suggested ADR procedure other than arbitration for these parties - defined as "a structured dispute resolution method in which senior executives of the parties involved
in legal disputes meet in the presence of a neutral advisor and, after hearing presentations of the merits of each side of the dispute, attempt to formulate a voluntary settlement"
(American Arbitration Association, 2007) - inasmuch as mini-trials are less costly than actual courtroom trials and can give the participants a good idea of what the outcome could be in
a regular jury trial. Within these mini-trials, pertinent questions and concerns can be raised and addressed that may not have been previously considered. Mini-trials save thousands of dollars
in litigation, and in some instances allow the parties to come to their own conclusions and settle their problems peacefully without ever getting an attorney involved. While this is
admittedly not the majority outcome, mini-trials are nonetheless valuable and useful tools. 4.4 It is crucial for the clients to be present at every session, inasmuch as the final
ruling - both binding and unable to be pursued in another court - will impact one, if not both, sides of the conflict. The entire resolution begins when the
parties involved in the dispute meet with a trained mediator - who is often a lawyer as well - to talk about the events that have lead up to the
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