January 14, 2013
Jonathan Mc Govern
While learning what litigation is and how it is used in the legal system, one can also discover the effects the court system has on it as well. Filling lawsuits and attorney fees prove that litigation can be a very expensive process. Not only can the litigation process be lengthy, it can be unpredictable and cause some emotional strain. Within the litigation process, the Alternative Dispute Resolution (ADR) provides many avenues to resolving certain conflicts between two parties.
Arbitration and mediation are two methods used within the ADR to resolve certain litigation inadequacies with the help of third party for neutral ground. Using a third party, also known as a mediator, can end with a good result because there is no force on either party to withdraw from the dispute process and it can be done within a time manner. According to business Law, “ADR services are usually provided by private organizations or individuals who qualify to hear and decide certain disputes.” However, the third party mediator is only there to assist with the discussion process and not to judge the case, limiting matters and allowing them to be placed in a better point of view. Although it may take several years and thousands of dollars, the court system is responsible for resolving disputes. On the other hand, the ADR can be an alternative to the long years and money spent on legal fees and used as a negotiation procedure between the two parties.
After watching the litigation and alternative video, I concluded that Quick Takes Video Company wasted valuable time while using the Non-Linear Pro editing system to edit a project. Quick Takes Video verbally agreed to use the system from Non-Linear Pro on a trial bases only for one month to see if they liked it but according to Non-Linear Pro, Quick Takes Video signed a written agreement stating that they leased the editing system for a minimum of three month totaling at $5,000. The manager Hal, reached out to the Non-Linear Pro representative to address the issue but to no avail. Upon further investigation, Hal discovered that one his employees, Janet, had signed a contract instead of a normal delivery slip when the editing system was delivered; the contract had been presented to her as if it was a delivery slip. Immediately, Hal contacted his attorney Henry, to explain the situation to him. Hal’s attorney instructed Hal and Janet to write down the details of the situation so that he could contact the Non-Linear Pro representative.
There are a couple of legal issues presented in this situation. For one, the equipment did not operate as promised by the representative at Non-Linear Pro costing Quick Take Videos more time than usual to complete a…