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Alternative Disputes Resolution

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Alternative Dispute Resolution
The case of Fulcher vs, 24 Hour Fitness

Tinisha Johnson
Professor Shannon Allen
Law 531

When a business is sued by a current or former employee, customer or other third party that business can either take that case to trial or try to solve the issue by going through an alternative dispute resolution process or ADR. By addressing grievances through ADR a business will be able to solve the matter in a mutual agreeable way that save money and time. Also it reduces the risk of negative public scrutiny or loss of public trust or reputation. Here I will discuss the case of Fulcher vs 24 Hour Fitness. I will discuss the difference between the processes of going to trail versus dealing with the issue through an ADR, the cost benefits of solving issues through ADR. I will also recommend an ADR that would best fit the situation 24 Hour Fitness is one of the most known largest fitness chains. The company is privately owned and currently has employees 18,000 employee within the US and Philippines. The company is currently based in San Ramon, California. In July of 2010 the company was sued for race and gender violations. The suit that was filed in the Alameda County Superior Court by Raoul Fulcher a former employee of the company. Fulcher alleges that the company engages in a practice of discrimination against its minority and female employees by denying them deserved promotions with the company. The case was filed in July 2010 and there has yet to be any resolution to the case. I believe that it is safe to assume that the case is still going through the pre-trial and trial process. This process can be a very lengthy and costly experience. According to the American College of Trial Lawyers today’s civil justice system takes too long and cost too much. (Merten, Howard, Pezzello, 2011). Litigation costs are higher in US than in

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