Litigation and Alternatives Paper

Topics: Dispute resolution, Alternative dispute resolution, Mediation Pages: 2 (674 words) Published: May 8, 2013
Traditional and Nontraditional Litigation Paper

I decided to take the opportunity to explain and discuss the legal issues between Quick Takes Video and Non-Linear Pro as presented in the Litigation and Alternative video. The background behind the legal issue in this video is that Non-Linear Pro is an organization that provides editing systems to their various clients. There was an oral agreement between the two managers of both organizations stating that Non-Linear Pro would provide video editing system to Quick Takes Video for a three month trial period. When the equipment arrived, one of the employees (Janet) of Quick Takes Video signed a contract which she thought was a delivery slip. Three months elapses and the manager of Quick Takes Video receives a phone call from Non-Linear stating that they are required to pay the $5,000 for the three months use.

The bottom line up front is that Quick Takes Video was under the impression that this editing system was free of charge during the three month and refuses to pay. As a result, Non-Linear Pro responded by issuing a lawsuit to Quick Takes Video. The manager of Quick Takes Video meets with his attorney and over the course of their discussion; he suggested that he wanted to counter sue the Non-Linear Pro for $36,000 for all of the lost hours from using their editing system. Fortunately enough, his attorney was able to talk him out of escalating the lawsuit and provided information about other forms of alternate dispute resolution (ADR).

In this scenario that the video presented, the defendant has the following ADR’s options: arbitration, mediation, conciliation, mini trial, and fact finder. The video makes a suggestion that the two viable ADR solutions would be arbitration or mediation. According to Cheeseman H (2010), “In arbitration, the parties choose an impartial third party to hear and decide the dispute. This neutral party is called the arbitrator. Arbitrators are usually members of the American...
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