Litigation and Alternatives

America has come a long way since the American colonies settled from where humanity was to where humanity is now. We did not have the law system that we have now and issues were unresolved that turned into chaos. From law courts, chancery courts, to merchant courts, there are several categories of courts. Those that we separate are Federal and State Courts. Federal Courts take over foreign and interstate commerce that entail of U. S. District Courts, U. S. Court of Appeals, and U. S. Supreme Courts.

State courts take over state legislatures that include State Supreme Courts, Appellate Courts, Trial Courts, and Lower Courts. Living in society today, we will have different views and different perceptions. We will either at one time come to face litigation or some type of ADR matter. With this being said, litigation, and alternatives will fall into place at least one point in one’s life. This is part of what both parties, as mentioned in the video will face. A company called “Quick Takes” tried out a program to help build their business to grow.

Incidentally, the program Non Linear Pro did not quite work out for Quick Takes. Thankfully Quick Takes had been under the impression that Non Linear Pro was a trial. Under any circumstances had Quick Takes been under the assumption that Non Pro Linear had been a permanent program that had been purchased. Soon to discover a bill of 5,000. 00 was sent to Quick Takes. Quick Takes immediately contacted Non Linear Pro and advised that the bill had been invalid. Both parties had a verbal agreement of trying out the product as a trial.

Although there may had been a verbal agreement, Quick Takes unknowingly signed a contract thought to be a delivery slip signed by Janet Mason. Non Linear Pro stated that the lease had been signed and if Quick Takes did not cooperate, then Non Linear Pro would create a lawsuit. So to name some of the legal issues that the two parties could face are arbitration, meditation, litigation, cross complaint, and mini-trials. Arbitration is an arbitrator that helps settle disputes between the two parties by researching the information provided by both parties.

The arbitrator is a member of the American Arbitration Association who makes the ultimate decision of the outcome between the two parties by helping the two come to an agreement. The two parties will use arbitration when there is no need for a further relationship. Mediation is primarily used when there may be a future relationship between the two parties. The two parties come to an agreement and make the ultimate decision. A neutral party helps both parties come to an agreement; however, it does not make the ultimate decision. Mediation is primarily used when they can or may continue to maintain a relationship.

Litigation also known as a judicial dispute resolution takes place in courts. The courts ultimately will make the decision of the outcome between the parties. Mini-Trials are a compromise between mediation and arbitration. Lawyers represent both parties and a neutral party is involved to help settle by advising of strengths and weaknesses. If the two parties do not come to an agreement in a timely matter then the neutral party will make the decision. Cross-complaint occurs when the defendant sues the plaintiff due to other damages caused by the plaintiff.

The legal issues presented in the video are dealing with litigation. The plaintiff served the defendant and the defendant needs to respond or a default judgment will be entered. In this case, arbitration wil be the best method. I do not see a future in either party’s relationship. Most individuals will choose arbitration and mediation over litigation because it is cheaper, no lawyers are involved, and there is a lack of publicity. Reach out to as many sources to prevent any type of legal action. Having many options, the ultimate decision will impact heavily on the outcome.