OVERVIEW:
Litigation, Alternative dispute resolution (ADR) and Criminal prosecution are everyday occurrence in the judicial system. For better understanding, I will briefly define what each terms stands for.
Litigation is Ultimate legal method for settling controversies or disputes between and among persons, organizations, and the State.
Alternative dispute resolution (ADR); refers to a variety of processes that help parties resolve disputes without a trial. Typical ADR processes include mediation, arbitration, neutral evaluation, and collaborative law.
Criminal prosecution; the act or process of holding a trial against a person who is accused of a crime to see if that person is guilty
Scenario 1
1. Adele is a secretary for her company.
…show more content…
He will have to go through the ADR. An argument could be posed by the company that the little girl, mistakenly pull off the dolls finger forcefully, hence the company is not …show more content…
ABC Company has ordered several thousand light bulbs from XYZ Company. ABC ordered specialty light bulbs to be used in special heating lamps they produce. These lamps require 250 watt bulbs, but XYZ sends 150 watt bulbs. The mistake delays the shipment of several thousand heating lamps, resulting in losses to ABC Company.
This happens in big corporations and business transactions; ABC Company has every right to proceed on litigation if XYZ fails to do the following;
a) Pay hefty compensation to ABC for not being straightforward as a big brand,150 watts is not same as 250 watts; it’s not as a result of mistake but a deliberate attempt to shortchange ABC company.
b) Tender an unreserved apology to ABC Company and their customers in various media houses, this is because it might be winter and cold and all orders for the 250 watts will be cancelled, It’s proven that death rate increases in winter due to excessive cold.
ADR might not resolve this timely, hence ABC must hire the best lawyers around for litigation to proceed. If I’m the legal adviser to XYZ I will advise them to settle out of court.It’s the wisest and best thing to do.
Reference: