The Legal System And ADR Analysis
The Legal System and ADR Analysis
Tasha G. Duckett
LAW/531
June 8, 2015
Marlene Wilhite
Memorandum
To: Ms. Marlene Wilhite
From: Ms. Tasha G. Duckett
Subject: The Legal System and ADR Analysis
Date: June 8, 2015
Introduction
When opposing parties are looking at the choices that are presented to them when handling business differences, it would be favorable for both the parties to resolve the issue in the most beneficial way possible. Most state-level legal matters can be decided in the court system. However depending on the gravity of the issues, the legal dispute could go as high as an appeal to the state’s Supreme Court. A more rational approach would be to remain within the general jurisdiction of the state court or by making use of Alternative Dispute Resolution or ADR. In the following memo, I will be discussing the case Blankenship vs. CFMoto Powersports, Inc. I will be providing the background of the case and how the case would proceed through the state court system. I will also be discussing the cost and benefits of using the traditional court system versus Alternative Dispute Resolution, the different methods of ADR and which method should be used.
Blankenship vs. CFMoto Powersports, Inc.: Case Background According to the website scholar.google.com (2015), “This case involves a 2008 CFMOTO CF250T-V5 motorcycle that was manufactured, warranted, and/or distributed by Zhejiang CFMOTO Power Co., Ltd and CFMOTO Powersports, Inc. The product was sold retail and repaired under warranty by HH Motor Sports, L.L.C.” Again, according to the website, the plaintiff in the case asserts that the motorcycle purchased was equipped with a rear brake system designed, intended, and/or used on the lower-powered and lower-speed scooters that the company also produced. The motorcycles were fitted with a hand brake rather than a foot brake. It was also alleged that the braking system violated federally mandated rear-brake safety standards for vehicles. The
Tasha G. Duckett
LAW/531
June 8, 2015
Marlene Wilhite
Memorandum
To: Ms. Marlene Wilhite
From: Ms. Tasha G. Duckett
Subject: The Legal System and ADR Analysis
Date: June 8, 2015
Introduction
When opposing parties are looking at the choices that are presented to them when handling business differences, it would be favorable for both the parties to resolve the issue in the most beneficial way possible. Most state-level legal matters can be decided in the court system. However depending on the gravity of the issues, the legal dispute could go as high as an appeal to the state’s Supreme Court. A more rational approach would be to remain within the general jurisdiction of the state court or by making use of Alternative Dispute Resolution or ADR. In the following memo, I will be discussing the case Blankenship vs. CFMoto Powersports, Inc. I will be providing the background of the case and how the case would proceed through the state court system. I will also be discussing the cost and benefits of using the traditional court system versus Alternative Dispute Resolution, the different methods of ADR and which method should be used.
Blankenship vs. CFMoto Powersports, Inc.: Case Background According to the website scholar.google.com (2015), “This case involves a 2008 CFMOTO CF250T-V5 motorcycle that was manufactured, warranted, and/or distributed by Zhejiang CFMOTO Power Co., Ltd and CFMOTO Powersports, Inc. The product was sold retail and repaired under warranty by HH Motor Sports, L.L.C.” Again, according to the website, the plaintiff in the case asserts that the motorcycle purchased was equipped with a rear brake system designed, intended, and/or used on the lower-powered and lower-speed scooters that the company also produced. The motorcycles were fitted with a hand brake rather than a foot brake. It was also alleged that the braking system violated federally mandated rear-brake safety standards for vehicles. The