Traditionally, Alternative Dispute Resolution (ADR) methods
Traditionally, Alternative Dispute Resolution (ADR) methods were reserved for local cases that were settled by community leaders. The current shift in the global legal system shows that apart from filling lawsuits, ADR is also an essential strategy for solving some civil cases. The case study depicts a civil issue between an injured party and a company. This paper analyses the processes of civil versus ADR cases while reviewing their merits and demerits. It also advises Pete from the case study on a suitable conflict resolution method for his problem using an example of a case that succeeded in while utilizing this method.
Civil litigation is the legal procedure that solves non-criminal disputes between two parties. Civil litigations take part in civilian courts. The first step in filling lawsuits is filing pleadings that explain each side’s arguments. An exchange of pleadings process occurs where the plaintiff delivers a copy of the complaint to the defendant, who then provides his or her claims or files countersuits (Paiva, 2019). The discovery process follows where both parties gather relevant information from third parties (eyewitnesses) or each other. Finally, the case becomes eligible for a trial, where a judge or jury analyses the present evidence. Both parties require lawyers for this process. According to Esmaili and Gilkis, most civil cases end in negotiation even before a judge makes a ruling.
ADR, on the other hand, is not as formal. Dispute resolution methods present in ADR include negotiation, arbitration, conciliation, and meditation (Esmaili & Gilkis, 2017). Although arbitration and mediation are the most common methods of resolution, negotiation requires little effort from both parties. According to the American Bar Association (2020), negotiation only requires that the warring parties meet, raise issues of concern, and explore possible solutions that positively affect both parties. In negotiation, the disputing parties may request attorney representation and have the power to control the happenings during the process.
Meditation is more formal as it necessitates the presence of individuals trained in conflict settlement. Mediators are often lawyers, but the negotiating parties may select a person with more knowledge on the issue of contention as their intermediary. The mediator is usually a neutral party, hence avoiding bias (American Bar Association, 2020). Arbitration is more like a trial as civil litigation where both parties need to enter a binding agreement to proceed. Both sides often agree on one arbitrator, and these low intermediaries select a neutral, third intermediary.
In the case study, Pete’s lawsuit against the ATV manufacturer would only lead to more financial losses on both parties. Moreover, the ATV manufacturer would lose customers for fear of purchasing defective vehicles if the lawsuit persists. Therefore, to avoid financial strain and credibility issues, both parties need to agree to ADR procedures. The most viable ADR is negotiation, as it is informal and quick. It is also private enough, thus avoids media coverage of its proceedings.
The Google versus Federal Trade Commission (FTC) case of 2014 used negotiation as its resolution model (Shonk, 2020). By agreeing to make minute changes to its global search practices, Google avoided litigation by the FTC. The negotiation saved Google from making loses that worth approximately 10% of its annual revenue. Moreover, this method was fast, and both parties benefited from it. Therefore, Pete and the ATV manufacturer should consider negotiation as it is the surest way to receive compensation without drawing attention.
In conclusion, the current legal system faces numerous problems such as high litigation costs, time delays in resolution, and lengthy court queues. ADR is, therefore, a less costly and effective solution to these problems. Furthermore, companies should consider using negotiation practices to avoid double financial losses due to litigation and hiring lawyers.
References
American Bar Association. (2020). Dispute resolution process. https://www.americanbar.org/groups/dispute_resolution/resources/DisputeResolutionProcesses/
Esmaili, T., & Gilkis, K. (2017). Alternative dispute resolution. Cornell Law School. https://www.law.cornell.edu/wex/alternative_dispute_resolution
Paiva, M. (2019). The basic steps of civil litigation. Rodrigues Paiva LLP. http://rplawyers.ca/basic-steps-of-civil-litigation/
Shonk, K. (2020). Negotiation Case Studies: Google’s Approach to Dispute Resolution. Havard Law School. https://www.pon.harvard.edu/daily/dispute-resolution/googles-approach-to-dispute-resolution/