The Legal System and Adr Analysis

The Legal System and ADR Analysis

XXXXXXXX

LAW/531

October 21, 2013

The Legal System and ADR Analysis

Memo

To: Management Staff

From: XXXXX XXXXXX

Date: October 21, 2013

Subject: Potential Lawsuit on the State Level

Introduction

A potential lawsuit regarding the development of the groundwork to the subdivision may be existent. The infrastructure includes power, utility, cable, gas lines, and sewer pipes. The forthcoming lawsuit implies the construction of the infrastructure will block access to a current utility easement therefore, rejecting the use of the easement by the city. The city has warned said client of a lawsuit for fraud against a municipality in addition to closing down the new project and business altogether. Such a lawsuit can result in costing all involved larger amounts of money and can be a long drawn out process.

Alternative Dispute Resolution Process

An Alternative Dispute Resolution (ADR) is an option other than litigation that can assist in settling a disagreement outside of the court system that includes: arbitration, mediation, conciliation, mini trials, fact-finding, and judicial referees (Cheeseman, 2007, p. 45). ADRs can be appealed if the plaintiff or defendant determines that an error was made during the Alternative Dispute Resolution.

Mediation

This method has a mediator that assists both the parties to reach a mutually acceptable resolution for the dispute. However, it does not decide how to resolve the dispute because it is the parties’ decision. This method offers each party a chance to express themselves voluntarily in a confidential process with an aim to work towards resolution. It provides greatest flexibility to both parties.

Arbitration

There is an arbitrator who hears arguments, review evidence and also makes decisions to resolve the disputes. It is not like mediation, it is more informal, quicker, and less expensive as compared to traditional law suit. It is of two types, binding arbitration...