Free Essay

The Legal System and Adr Analysis

In:

Submitted By dweiss14
Words 1546
Pages 7
The Legal System and ADR Analysis
One aspect our company utilizes to expand is purchasing smaller lucrative expanding companies. As we proceed with these procurement actions we must ensure we act in good faith, if not we may find ourselves in a similar situation as USA Truck and Knight Transportation are currently besieged in.
USA Truck Inc. of Van Buren, Arkansas filed a breach of contract lawsuit against Knight Transportation Inc. of Phoenix, Arizona, because Knight Transportation is attempting to buy out USA Truck. The lawsuit, filed in Crawford County Circuit Court, alleged Knight unacceptably utilized USA Truck's proprietary company information to facilitate a hostile procurement of USA Truck for an unreasonable amount, which does not reflect the Company's real value. The lawsuit requests Knight to divest the USA Truck shares they currently have, which USA Truck accuses Knight obtained by violating the confidentiality agreement the two companies agreed to. Knight increased its ownership in USA Truck from 8% to 12% after the company publically announced it was trying to take it over. USA Truck's Board of Directors is very disenchanted with the way Knight Transportation acted when they promised they would not do what they are being accused of doing, which was utilize confidential information expressed to them via friendly private discussions regarding an agreed upon transaction between the companies. When USA Truck’s Board of Directors refused to agree to the terms Knight Transportation decided to take the offer straight to the shareholders. USA Truck retained the legal services of Kutak Rock LLP of Omaha, Nebraska and filed the lawsuit (Turner, 2013).
The lawsuit was filed at the Crawford County Circuit Court, a general-jurisdiction trial court, no hearing date is set. General-jurisdiction trial courts proceed over cases such as felonies and civil cases over a specific dollar value (Attorney, 2014). Depending on the ruling from the circuit court, the next level is the intermediate appellate court (Cheeseman, 2013). The Arkansas Court of Appeals reviews the records from the lower level courts to determine if there are any errors which would warrant a reversal or modification of the trial court's decision. The ruling by the Arkansas Court of Appeals cannot be appealed to the Arkansas Supreme Court, which is highest state court. The opinions of the appellate court may be reviewed by the State Supreme Court via an application by a member of the appeal, upon a request from the Court of Appeals, or if the Supreme Court decides the case ought to have been originally assigned to it (Judiciary, 2013). Litigation, by the means previously described, is expensive and unpredictable; this is why most cases are resolved by an alternative method of dispute resolution.
The variables associated with trials cause the prices to fluctuate. Some of the variables are the responses by the other parties lawyers, the facts may result in a full trial as opposed to a ruling based on initial written motions, and the judge who proceeds over the case may resolve the case quickly or require countless hours of work by the lawyers. The more work the lawyer has to do the more the cost is driven up. Not only is there the unpredictability of the judge’s rulings there is the unknown cost factor associated with litigations (Crumpton, 2011). The Kutak Rock LLP’s hourly attorney fees, in 2012 were $375 (Management, 2012). The average time for a breach of contract lawsuit is about 45 hours. Based on the amount of hours and the average court reporter cost of $8,175, the USA Trucks company is looking at an average cost of $25,050 to take their lawsuit to court (Crumpton, 2011). In addition, to the uncertainty of the cost there are other aspects of litigation which need to be considered and compared to alternative methods of dispute resolution (ADR).
There are benefits to using litigation as well as ADR. The company’s will have to do a benefit analysis to determine what is in their best interest to come to some type of resolution. A benefit of ADR is the proceedings are private, unlike a court hearing which is public. Based on the information already provided, USA Truck’s stated their proprietary information was used by Knight Transportation; it may be advantageous for USA Truck’s to utilize ADR instead of litigation because the company will have to divulge the information in court and it will become public knowledge. Also, Knight Transportation may not want their reputation tarnished if they did do something wrong, so they may also want to utilize the privacy aspect of ADR. A decision from litigation is enforceable, just like it is from ADR. Decisions from court cases can be appealed. If there is no decision from ADR the parties still have the right to pursue litigation. There is a substantial lower transaction cost for ADR. Traditionally, companies which utilize ADR will preserve a continuing relationship with the other party because the issue was resolved based on problem solving and finding a common ground by both parties, which resulted in resolution. After a litigation ruling traditionally, both parties do not continue their working relationship (Ketchen, 2009). Both parties in this cause need to determine which course of action is best for them litigation or ADR. The clients have no idea how long the litigation may continue, so the client has no idea how much it will cost or if the case will end in their favor, this is why many disputes are settled by alternative methods of dispute resolution.
Kutak Rock lawyers regularly represent their clients in alternative methods of dispute resolution. They are impartial, unbiased, and through their experience and training they assist parties in reaching a mutually acceptable resolution of their dispute. The ADR methods are: negotiation, settlement agreement, arbitration, mediation, mini-trial, or fact-finding. Based on the information provided from the USA Trucks versus Knight Transportation the recommended methods of ADR are negotiation, settlement agreement, arbitration, and mediation any one of these can solve the situation prior to going to litigation. Utilizing negotiation both parties will engage in effective discussions to attempt to reach a voluntary settlement of their dispute meeting each other at some type of equitable position. The negotiation may take place either before a lawsuit is filed, after a lawsuit is filed, or before other forms of alternative dispute resolution are used. Since the lawsuit is already filed, this is the perfect time to utilize the negotiation method of resolution. A settlement agreement is another ADR method, which the parties voluntarily entered into and the agreement settles the dispute. The settlement agreement is effective when both parties sign it. After the settlement agreement is signed it is submitted to the court, and the case is dismissed based on the implementation of the settlement agreement. Through arbitration, the USA Trucks and Knight Transportation choose an impartial third party to hear and decide the dispute. The neutral party is called the arbitrator. After the arbitrator hears all the facts he or she renders an arbitration agreement, which describes the exact procedures to follow for a case to proceed successfully through arbitration. The final ADR method which can resolve both companies’ issue is mediation. This form of negotiation in when a neutral third party aids both companies in reaching a settlement of their dispute, this can be done by problem solving or brainstorming. The neutral third party, mediator, is an expert in the area of the dispute, a lawyer, or a retired. A mediator’s role is to facilitate the communication between both parties to reach an equitable solution for both companies.
As companies continue to expand there is a right way and a wrong way to do it. A breach of contract lawsuit leads to a situation where the two parties are not working well together and litigation may ensue. If this is the situation the road to resolution could be costly for both parties involved, so another course of resolution is ADR. Through the use of ADR individuals resolve conflicts and the parties involved have their privacy, may have saved time and money, and overall the two entities may be able to continue working together. References
Attorney, O. (2014, January 10). Circuit Court. Retrieved February 23, 2014, from 21st Judicial District, Crawford County Arkansas: http://co.crawford.ar.us/circuit_court.htm
Cheeseman, H. (2013). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues, Eighth Edition. New York: Pearson.
Crumpton, M. (2011, March 14). Cost of Litigation - Case Study. Retrieved February 23, 2014, from Fizzlaw: http://www.fizzlaw.com/article/cost-of-litigation-case-study
Judiciary, A. (2013, December 15). Court of Appeals. Retrieved February 23, 2014, from Arkansas Judiciary: https://courts.arkansas.gov/courts/court-of-appeals
Ketchen, E. G. (2009, July 15). ALTERNATIVE DISPUTE RESOLUTION (ADR) FOR LESS COST AND RISK. Retrieved February 23, 2014, from Creative Disputer Resolutions: http://creativedisputeresolutions.com/docs/AlternativeDisputeResolutionforLessCostand Risk.pdf
Management, R. (2013, May 1). Our Community Our Commitment. Retrieved February 23, 2014, from Orange County Government: http://cams.ocgov.com/Web_Publisher/Agenda07_17_2012_files/images/O00212- 000757E.PDF
Turner, L. (2013, October 11). USA Truck Files Lawsuit Against Knight Transportation for Breach of Contract, Wants Stock Divested. Retrieved February 22, 2014, from Arkansas Business: http://www.arkansasbusiness.com/article/95131/usa-truck-sues-knight transportation-for-breach-of-contract

Similar Documents

Premium Essay

The Legal System and Adr Analysis

...The Legal System and ADR Analysis Debra Doe-Gonzalez LAW 531 October 6, 2014 David Weischadle, II The Legal System and ADR Analysis The two major court systems in the United States are the federal and state court systems. They are each set up review different types of lawsuits (Cheeseman, 2013). This memo will review the levels of the state court system as well as the various methods of alternative dispute resolution. The case of AMF Incorporated v. Brunswick Corp will be reviewed in the discussion of the state court systems. The companies signed an arbitration agreement but Brunswick advertised a new product which AMF disputed and requested arbitration. State Court Systems The majority of state courts include limited-jurisdiction trial courts, general-jurisdiction trial courts, intermediate appellate courts, and a supreme court (Cheeseman, 2013). Limited-Jurisdiction Trial Courts State limited-jurisdiction trial courts or inferior courts are in use to hear specific types of litigation such as traffic, family law and misdemeanor criminal cases. The decision of these courts can be appealed to a general-jurisdiction court or an appellate court. In the case of AMF v. Brunswick this process did not occur. General-Jurisdiction Trial Courts General-jurisdiction trial courts hear cases beyond the jurisdiction of limited trial courts. Judgments from these courts can be appealed to an intermediate appellate court or their state's supreme court. In the case of AMF...

Words: 713 - Pages: 3

Premium Essay

The Legal System and Adr Analysis

...Legal System and ADR Analysis Business Law LAW 531 Robert Reimer February 3, 2014 TO: Robert Reimer FROM: DATE: February 3, 2014 SUBJECT: The Legal System and ADR Analysis The legal system it a vital part of protecting and defending corporations, as well as, handling business efficiently and effectively when problems arise. Sometimes every dispute can not be handled by simple discussion and have to be taken to a more formal setting in front of a judge. However, not all cases get resolved through the court system, which can lead to a non-preferred result. It is best to use other methods of resolution which is known as alternative dispute resolution (ADR). This can provide assistance for less formal cases that do not want to go through the whole grueling litigation process. A business is a major responsibility and in order for success there has to be organizational goals in place to ensure it is headed in the right direction. Most businesses are customer driven and their primary focuses are financial performance and customer satisfaction. When owning a business, there are several disagreements that can occur in regards to money or individual rights. I have been tasked with describing a state level business dispute that goes through a litigation process and uses an ADR instead of going to trial. Business State Level Dispute There are two best friends that decide to form a general partnership by co owning a flower shop. One friend works 20 hours a week while...

Words: 634 - Pages: 3

Premium Essay

The Legal System and Adr Analysis

...The Legal System and ADR Analysis Lauren Branham University of Phoenix LAW 531 Instructor – Jonathan McGovern June 29, 2015 To: Instructor Jonathan McGovern From: Lauren Branham Re: The Legal System and ADR Analysis The legal system is comprised of two courts; state and federal. Each of the 50 states in the United States (to include Washington, DC) has its separate court system. These court systems usually include; limited-jurisdiction trial courts, general-jurisdiction trial courts, intermediate appellate courts, and a supreme court (Cheeseman, 2013). Now in many cases some of the disputes may not need to go to court. There is an alternate method that can be used to alleviate having to go to court. That is called Alternative Dispute Resolution (ADR). This method has three types; negotiation, mediation, and arbitration. Here both parties can make arrangements to come up with a solution that can be less expensive and be resolved quicker than expected. In this memo, I'm going to focus on a classic state level case that we all see and hear about daily, Landlord/Tenant disputes. In most cases, the Landlord is withholding either all or some of the security deposit after a tenant leaves. Here’s the situation; a Tenant paid $1300 for a security deposit to lease a house on a month to month basis from the Landlord for a duration of twelve months. It was agreed upon by the two parties that if for some reason the Tenant needed to leave then they would have to give a thirty-day...

Words: 667 - Pages: 3

Free Essay

Legal System and Adr Analysis

...Legal System and ADR Analysis JP LAW/531 November 24, 2013 XXXX Gray TO: Judith Gray, Professor LAW/531 FROM: John R. Peterson, Manager Team A DATE: November 24, 2013 SUBJECT: The Legal System and ADR Analysis This research paper discusses the Internal Business Dispute over the Trademark Rights for the “The Cupcakery” company. Moreover, it will cover the other possible legal phases the case could take within the Texas State court system as well as pursue Alternative Dispute Resolutions possibly skipping the traditional court system altogether. The Cupcakery lawsuit arose between the two parties that stemmed from loans paid to Pamela Jenkins from her Uncle Rockey Perrit a Texas resident. According to “Las Vegas Trademark Attorney” (2011), “Perritt, with the full knowledge of Jenkins, decided to open up his own “The Cupcakery” stores – first in Frisco, Texas (owned by the Texas based, and co-Plaintiff , The Cupcakery, LLC), and then a second store in Dallas, Texas (owned by co-Plaintiff Buster Baking, LLC), and later a third store in The Woodlands, Texas (owned by co-Plaintiff The Woodlands Baking, LLC). Perritt’s Texas stores used the same name, recipes and other intellectual property used by Cupcakery NV” (Internal Business Dispute Over “The Cupcakery” Trademark Reignites). Armed with this background, let us first take a look at what legal phases this case could take within the Texas court system. Texas Legal Court System At the time this lawsuit...

Words: 732 - Pages: 3

Premium Essay

The Legal System and Adr Analysis

...The Legal System and ADR Analysis LAW 531 October 1, 2013 The Legal System and ADR Analysis There are various phases of the legal system that a business dispute must undergo before the dispute, or complaint, is resolved. These stages are commonly referred to as pretrial litigations, in which parties typically prefer to settle disputes within these pretrial stages to avoid costly legal fees. “The use of the court system to resolve business and other disputes can take years and cost thousands, or even millions, of dollars in legal fees and expenses” (Cheeseman, 2013, p. 52). Methods of nonjudicial dispute resolution, commonly referred to as alternative dispute resolution (ADR), are normally used to allow disputes to be resolved outside the court judicial system. The forms of ADR are negotiation, mediation, mini-trial, fact-finding, using a judicial referee, and arbitration, which is the most common method (Cheeseman, 2013). These forms of ADR can be applied to many different business disputes, in which some forms are more suitable to some cases than others. In regard to the case of City of Elsa v. Gonzalez, the legal process will be evaluated, the most appropriate ADR method to use will be recommended, and the differences cost benefits between traditional litigation and pursing ADR will be discussed. The Legal Process As stated above, there are various phases of the legal process that business disputes go through before a settlement has been reached. The first step of...

Words: 781 - Pages: 4

Premium Essay

The Legal System and Adr Analysis

...TO: Deborah Gronet FROM: Brian T. Anguish DATE: September 1st, 2014 SUBJECT: The Legal System and ADR Analysis on Texas Energy Giants In the early part of January 2014, Energy Transfer Partners of Dallas filed a lawsuit against Enterprise Products Partners of Houston and Enbridge Inc. of Calgary Alberta (Curriden, 2014). Energy Transfer Partners of Dallas claims that Enterprise Products Partners broke a prior arrangement to building a pipeline from Houston to Oklahoma. Enterprise Products Partners believes the lawsuit has no merit because there was no true actual partnership or joint venture with Energy Transfer Partners. Energy Transfer Partners disagrees and argues that both Enterprise and Enbridge worked together to cut Energy Transfer Partners out of the pipeline deal illegally. Energy Transfer Partners of Dallas is seeking over one billion dollars in actual and punitive damages (Curriden, 2014). Enterprise Products Partners feels the lawsuit should be thrown out since there was no true agreement in their eyes with Energy Transfer Partners. This case differs than most business disputes since it is making it into a court room. It seems Energy Transfer Partners of Dallas is looking to bring into light how Enterprise Products Partners of Houston does business. Energy Transfer Partners feels they have a strong enough case to make it into the state court system to solve and collect from their broken partnership with Enterprise Products Partners. Energy...

Words: 774 - Pages: 4

Free Essay

The Legal System and Adr Analysis

...The Legal System and ADR Analysis LAW/531 March 03, 2014 Traditional litigation and ADR are two different ways to resolve a legal dispute. The use of traditional litigation takes you through a costly and lengthy trial before a judge and sometimes a jury. Whereas, ADR, also known as alternative dispute resolution, (Royal & Miles LLP, 2012) is a method of resolving legal dispute without going to trial. In the case of Rainy vs. Domino’s pizza, LLC traditional litigation was used but using ADR in the case may have been the better way to go. In the state court system this case would begin by the plaintiff, Paul Rainy filing a complaint. Then Domino’s pizza, LLC has to file an answer to the plaintiff’s case, which in this case they deny being vicariously liable for the plaintiffs’ injuries. The discovery process is the next step to state court system. At this point both parties will engage in activities to discover the facts of the case from all parties’ involved as well as witnesses (Cheeseman, 2013, p.45). A deposition is one of many examples of discovery that can be used to provide detail in a legal dispute. In terms of a deposition a witness or party gives testimony pretrial, under oath, to be used as evidence during the actual trial. In the state court system the last step used before actually going to trial is a pretrial hearing or settlement conference (Cheeseman, 2013, p.47). In this pretrial hearing both parties try to facilitate a settlement before the trial to prevent...

Words: 727 - Pages: 3

Premium Essay

The Legal System and Adr Analysis

...The Legal System and ADR Analysis Xxxxxxxx Xxxxxxxx LAW/531 January 1, 2015 D The Legal System and ADR Analysis This report is prepared for John Smith the president of American Federal Mortgage, Ltd. It summarizes a lawsuit filed against American Federal Mortgage, Ltd. by Federal Resources, LLC. The two firms have been engaged in an ongoing business relationship for seven years. This report reviews: 1. How this case would be processed throughout the various legal phases of the Nevada court system. 2. How this case could be resolved using an Alternative Dispute Resolution (ADR). 3. A comparison of costs and benefits between the court system and using ADR. Parties American Federal Mortgage, LTD (AFM) a Nevada corporation. AFM is the defendant in this lawsuit. Federal Resources, LLC (FR) a Nevada Limited Liability Company. FR is the plaintiff in the lawsuit. History AFM has had an ongoing relationship with FR for seven years. The relationship is twofold: 1. FR is the overnight Repo lender for AFM. FR loans AFM up to a maximum of 90% of AFM’s daily note receivables that have not been pledged with AFM’s line-bank. The average amount of these daily transactions is between $800 thousand and $1 million. This Repo relationship is governed by a master-contract that was drafted by FR. 2. FR is the beneficiary of three long-term promissory notes from AFM. These notes had an original face value of $600 thousand and have a current principal balance of approximately...

Words: 1970 - Pages: 8

Premium Essay

The Legal System and Adr Analysis

...The Legal System and ADR Analysis My office is trying to reach an agreement on the case of Davis vs. Teames. In the case both parties where involved in a car accident and received both personal, physical, and property damages. Both parties are denying fault and the police report puts no one at fault. Ms. Davis was traveling west on Cherry Lane on a green light when Mr. Teames hits her at full- speed in the intersection. Witnesses said that Mr. Teames ran the red light. Mr. Teames said that his light was green. Ms, Davis received both bodily damages to her vehicle and severe personal injury. Her vehicle ended up being counted as total loss. Mr. Teames received minor bodily damages to his car and minor persona injuries. Due to the high cost of taking the case to court, both parties have agreed to try to reach an agreement through alternative dispute resolution (ADR). They are less formal, less expensive, and less time consuming than a trial. Besides being less formal and less expensive, some other advantages of ADR over going to trial include quicker resolutions, less intimidating, both sides are heard by an arbitrator or a mediator and at the end both parties are allowed to give an opinion. After binding, ADR, the opinion can usually be filed with a court and turned into a judgment. Trials by comparison are more formal and slower processes. They are usually more expensive due to long trials and high attorney fees. Trials are heard before a judge and at the end...

Words: 306 - Pages: 2

Premium Essay

The Legal System and Adr Analysis

...TO: Deborah Gronet FROM: Brian T. Anguish DATE: September 1st, 2014 SUBJECT: The Legal System and ADR Analysis on Texas Energy Giants In the early part of January 2014, Energy Transfer Partners of Dallas filed a lawsuit against Enterprise Products Partners of Houston and Enbridge Inc. of Calgary Alberta (Curriden, 2014). Energy Transfer Partners of Dallas claims that Enterprise Products Partners broke a prior arrangement to building a pipeline from Houston to Oklahoma. Enterprise Products Partners believes the lawsuit has no merit because there was no true actual partnership or joint venture with Energy Transfer Partners. Energy Transfer Partners disagrees and argues that both Enterprise and Enbridge worked together to cut Energy Transfer Partners out of the pipeline deal illegally. Energy Transfer Partners of Dallas is seeking over one billion dollars in actual and punitive damages (Curriden, 2014). Enterprise Products Partners feels the lawsuit should be thrown out since there was no true agreement in their eyes with Energy Transfer Partners. This case differs than most business disputes since it is making it into a court room. It seems Energy Transfer Partners of Dallas is looking to bring into light how Enterprise Products Partners of Houston does business. Energy Transfer Partners feels they have a strong enough case to make it into the state court system to solve and collect from their broken partnership with Enterprise Products Partners. Energy...

Words: 774 - Pages: 4

Premium Essay

Ldr Analysis

...Legal System and ADR Analysis Law/531 Legal System and ADR Analysis Before we proceed with deciding the direction we should take going forward with this case, we will need to understand the cost and benefits of going through traditional litigation or through an alternative route. The magnitude of the case is not severe enough that we will need to take to the judicial court system but rather by utilizing an alternative dispute resolution. The higher we decide to take this up to the court, the more costly this will be on our company. To keep it minimal and resolve the dispute in a shorter period, utilizing one of the six different alternative dispute options would be the best route to take. Traditional vs. ADR In the traditional litigation process, there are many hurdles to overcome. First by filing the complaint and waiting to get an answer back from the accused party, because there may be some pushback, the defendant may decide to file a cross-complaint. Deciding to move forward with the traditional process is not only timely but costly. There are many steps to filing a complaint, that it will be easier and quicker to take this out of court. We also need to consider the probability of winning or losing the case, how much time and cost we’ll be investing and consider the unpredictability of the legal system. Not to mention, should we win in court, the defendant will still have the right to pursue...

Words: 622 - Pages: 3

Premium Essay

Business Law

...Alternative dispute resolution (ADR) (also known as external dispute resolution in some countries, such as Australia[1]) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation; attendance that is, not settlement at mediation). The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute.[2] Some of the senior judiciary in certain jurisdictions (of which England and Wales is one) are strongly in favour of the use of mediation to settle disputes.[3] Please read: a personal appeal from Wikipedia founder Jimmy Wales Read now Alternative dispute resolution From Wikipedia, the free...

Words: 6090 - Pages: 25

Premium Essay

Syllabus

...course prepares students to evaluate the legal risks associated with business activity. Students create proposals to manage an organization's legal exposure. Other topics include the legal system, alternative dispute resolution, enterprise liability, product liability, international law, business risks, intellectual property, legal forms of business, and governance. Course Dates Oct 14, 2014 - Nov 24, 2014 Faculty Information Name : Email Address : Alternate Email Address Phone Number : ADRIENNE YEUNG (PRIMARY) Not Available Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents (both located on your student website): • Academic Policies University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Get Ready for Class • Familiarize yourself with the textbook used in this course. Course Materials All electronic materials are available on your student website. Week1 Legal Forms of Business and Alternative Dispute Resolution Tasks • Review the Week 1 Study Guide. • Review the Knowledge Check Faculty and Student Guide. Oct, 14 - Oct, 20 Objectives/Competencies 1.1 Differentiate among the legal forms of business. 1.2 Differentiate...

Words: 2154 - Pages: 9

Premium Essay

Alternative Dispute Resolution

...Introduction: Courts today are backlogged by months and sometimes even years, as a result, it is now commonplace to use Alternative Dispute Resolution (ADR) to resolve these disputes. More agreements often contain mandatory arbitration provisions that are legally binding and enforceable. In addition, almost every court or administrative agency empowered to hear cases now requires mediation as part of the formal adjudication process (Spangler, 2003). Abstract: Arbitration plays a crucial role in commercial procurement. Ideally, solid contractual agreements would alleviate disputes between parties. In most cases, disputes result from the terms of the contract rather than the actual contract itself. Arbitration offers dispute resolution that eliminates the need for costly litigation and time-consuming disputes in the courtroom. This paper considers the role of arbitration in contracted procurement. Additionally, it considers alternative dispute resolution (ADR) as a whole as arbitration is a subset of ADR and will discuss their relative advantages and disadvantages in comparison with traditional litigation. The aged concept of arbitration has recently begun to reach tremendous levels of popularity in the acquisition realm. Dictionary.com defines arbitration as, “the hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them”. Solving disputes through arbitration...

Words: 2406 - Pages: 10

Premium Essay

Adr in Bangladesh

...ABSTRACT The main objective of this research is Evolution of the process of ADR in Bangladesh: Whether arbitration and mediation is appropriate procedure to solve dispute”. The aim of this research is to analyses the cachet and efficaciousness of the instrument of ADR in Bangladesh. At the same time an attempt is made to evaluate the sociological aspect of the ADR in Bangladesh. Hence, this writes up especially for those who have no legal background but want to have an idea about it is interesting to note that the concept of ADR is developing in Bangladesh as a performance of public duty by civil society groups advocating in support of progressive ideologies. I have collected all the materials from different books, scholars’ articles and offices from Law organization. I have collected the information about International aspect of ADR from different site of internet. At first I have collected different books relating to ADR. For the laws regarding ADR of Bangladesh and international, I have followed different Acts and Convention. INTRODUCTION The attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result. Mediation differs from arbitration in which the third party (arbitrator) acts much like a judge but in an out-of-court less formal setting but does not actively participate in the discussion. Mediation has become very common in trying to resolve domestic...

Words: 8813 - Pages: 36