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Nonlinear Pro vs Quick Takes Video

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NonLinear Pro vs Quick Takes Video
NonLinear Pro is threatening Quick Takes Video for breach of contract if they do not pay the $5,000 invoice they received. However, Quick Takes Video is threatening to countersue for loss of employee hours on the software. Also, Quick Takes Video was under the impression that the paper that was signed was nothing more than a packing slip. There was a verbal agreement between Hal, owner of Quick Takes video, and the sales guy from NonLinear pro at the tradeshow. The agreement was that NonLinear Pro would provide Quick Takes Video with a 4 week trial of the program. In a traditional litigation case, NonLinear Pro would be considered the plaintiff. The plaintiff would be required to file a formal complaint against Quick Takes Video. In this complaint, the plaintiff would need to list the facts and the laws that were violated. The court would then notify the defendant of the complaint and allow the defendant to respond. Hal now has the option of deciding to use an ADR. There are different ADR’s that can be used. Three that fit this situation are arbitration, mediation, and mini-trial. Arbitration is when both parties choose an impartial third party to hear and decide the dispute (Cheeseman, p906). Mediation is where a mediator would assist the parties in deciding on settlement of their dispute (Cheeseman, p917). A mini-trial is a private proceeding that the parties volunteer to. During this proceeding, the lawyers present a shortened version of their case to two representatives. These representatives have the authority to settle the dispute at hand. (Cheeseman, p46) The recommended legal course of action would be to decide upon arbitration or mediation. The amount of the dispute is $5,000 and going to trial could cost a lot more than that. By choosing arbitration and mediation, the parties are able to still present their

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