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Litigation And Alternatives Essay

721 words - 3 pages

Litigation and Alternatives
Wilma McDonald
LAW 531
August 14, 2012
Candice M. Deisher, Esq.

Litigation and Alternatives
The video “Litigation and Alternatives” features a dispute between Quick Takes Video (Quick Takes) and Non-Linear Pro (Non-Linear), which involves the use of a new video editing system. Quick Takes stated that the verbal agreement with Non-Linear consisted of using the new editing system for a ...view middle of the document...

Because Quick Takes and Non-Linear disagree on the nature of their agreement and subsequent payment for the editing system used, traditional litigation could determine whether Quick Takes owes Non-Linear for the lease agreement or if Non-Linear should receive compensation for providing an inefficient editing system. With money as a key issue in this situation, neither side would benefit from the extensive and expensive road traditional litigation leads to.
Conversely, ADR represents a low-key, low-cost solution to a wide variety of disputes. ADR involves each party hearing the other’s points of view and details of the dispute, coming together to determine the best solution. Mediation (involves a third party who monitors the proceedings, but does not render a decision), arbitration (involves a third party who hears the facts and renders a decision), and negotiation (both parties share the facts and desired outcome and come to an agreeable decision) are examples of ADR. In this case, both parties have the opportunity to use ADR to relay the facts, concerns, and expected outcome for their respective company, avoid a long trial, and reach an agreement that does not involve concession by either party. However, the harsh exchange of words and lack of professional courtesy between Quick Takes and Non-Linear created obvious tension between them. This tension leaves no possibility of a future business relationship between them and diminishes the affectivity of ADR.
It is recommended that Quick Takes Video and...

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