Alternative Dispute Resolution: Legair Vs Circuit City
Alternative Dispute Resolution (ADR)
The life span of a court case is usually measured in years and the cost of court cases can be measured in the thousands if not millions of dollars. I order to avoid or lessen the cost and time associated with court cases Alternative Dispute Resolution has been established. The five types of Alternative Dispute Resolution are discussed below.
Arbitration
Parties using arbitration would choose an impartial to hear and rule on the dispute. This person is called the arbitrator. The decision of the arbitrator is final and the parties involved usually agree to be bound by the decision. If no agreement is present the decision can be appealed to court.
Mediation and Conciliation The parties choose a neutral …show more content…
This neutral third party will report finding to the parties involved and may recommend a settlement.
Judicial Referee The parties in the dispute agree to have a private trial. This private trial is presided over a court appointed referee, usually retired judge. The decisions of these referees stand as judgment of the court. The parties have the right to appeal any decision.
Legair v Circuit City Background for this case involved a plan that Circuit City introduced in regarding employee disputes. The new policy required that all new employees would be required to have any employee complaints handled by arbitration. Existing employees were also included in this new policy, but could opt out by informing Circuit City of that decision within 30 days. Mr. Legair signed a form indicating his understanding of this policy and the opt out process. Mr. Legair never sent Circuit City the opt out …show more content…
According to documentation found on the vlex website the tactics used by the attorney were “failing to conduct discovery, seeking to have the arbitrator removed and refusing to participate in conference calls and hearings” (vlex, 2008). One week prior to the arbitration the plaintiff sought to dismiss the arbitration. The arbitrator conditioned the acceptance of this motion on the plaintiff producing a signed document indicating the understanding the legal consequences of a dismissal with prejudice. The arbitrator never received this document and continued the proceedings. Upon completion of the arbitration the arbitrator ruled for the
The life span of a court case is usually measured in years and the cost of court cases can be measured in the thousands if not millions of dollars. I order to avoid or lessen the cost and time associated with court cases Alternative Dispute Resolution has been established. The five types of Alternative Dispute Resolution are discussed below.
Arbitration
Parties using arbitration would choose an impartial to hear and rule on the dispute. This person is called the arbitrator. The decision of the arbitrator is final and the parties involved usually agree to be bound by the decision. If no agreement is present the decision can be appealed to court.
Mediation and Conciliation The parties choose a neutral …show more content…
This neutral third party will report finding to the parties involved and may recommend a settlement.
Judicial Referee The parties in the dispute agree to have a private trial. This private trial is presided over a court appointed referee, usually retired judge. The decisions of these referees stand as judgment of the court. The parties have the right to appeal any decision.
Legair v Circuit City Background for this case involved a plan that Circuit City introduced in regarding employee disputes. The new policy required that all new employees would be required to have any employee complaints handled by arbitration. Existing employees were also included in this new policy, but could opt out by informing Circuit City of that decision within 30 days. Mr. Legair signed a form indicating his understanding of this policy and the opt out process. Mr. Legair never sent Circuit City the opt out …show more content…
According to documentation found on the vlex website the tactics used by the attorney were “failing to conduct discovery, seeking to have the arbitrator removed and refusing to participate in conference calls and hearings” (vlex, 2008). One week prior to the arbitration the plaintiff sought to dismiss the arbitration. The arbitrator conditioned the acceptance of this motion on the plaintiff producing a signed document indicating the understanding the legal consequences of a dismissal with prejudice. The arbitrator never received this document and continued the proceedings. Upon completion of the arbitration the arbitrator ruled for the