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LAW 3525 Alternative Dispute Resolution
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LAW 3525 Alternative Dispute Resolution
0 Download3 Pages / 687 Words
Course Code: LAW3525
University: The University Of Adelaide
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Country: Australia
Question:
In light of your understanding of the civil and alternative dispute resolution (ADR) process, consider the following scenario:
Pete was seriously injured when the four-wheeled all-terrain vehicle (ATV) he was driving through the trails behind his house rolled over. As a result of his injuries, Pete is unable to work and has incurred $75,000 in medical bills. Pete has filed a lawsuit against the ATV manufacturer to receive compensation for the financial harm resulting from his injuries. Pete claims that the manufacturer defectively designed the ATV, causing it to have a tendency to roll over on rough terrain.
The ATV manufacturer claims that the ATV is not defectively designed and that the rollover was caused by Pete driving at an excessive rate of speed around a corner.
Consider the steps in civil litigation and ADR, and assess the factors that Pete and the ATV manufacturer will consider when deciding whether they should settle this lawsuit. If you were Pete’s lawyer, what resolution would you advise?
Answer:
In the United States, every state has a liberty to operates its civil procedure in ligation and alternative dispute resolution (ADR). ADR is increasingly promoted as it is cost effective and time conscious. The federal and state laws resolving cases through litigation, however, it provides options for alternative methods where the parties involved in a case mutually agree to for an alternative method for resolution as opposed to the traditional trial system (Adamovi?, 2012; ?im?ek & Bölten, 2010). Therefore, according to Mendoza (2018), the first step to ADR for Pete and the all-terrain vehicle (ATV) manufacturer is for them to mutually agree to resolve the matter out the court.
Secondly, with the advice from their lawyers where Pete should seek advisement from a personal injury lawyer like ATV manufacture from the manufacturing should select the best ADR method that they believe would effectively help the, resolve the matter (Mendoza, 2018; Parker Layrisson Law Firm, 2014). Zimmer (2011) point out the different methods for ADR, based on this case, the Pete and ATV manufacturer can opt for a settlement conference which can either be voluntary or mandatory but at the discretion of the negotiating parties. This settlement can either be before a judge or a neutral expertise with expertise in the matter under question. The settlement officer helps the parties negotiate and discuss all the possible options for settlement of the dispute thus applicable where settlement is an inevitable option.
The third step is for the parties to outline a strategy for the ADR process of their choice. Pete’s basis for the argument focus of that ATV poor design while the manufacturer claims that the rollover was as a result of Pete’s careless driving but not a design problem. Lee (1998) indicate that bad design is not always a good basis for argument but can sometimes hold. Lee (1998) discussed a case of Ford Pinto of Ford Motors that was accused of poorly designing the vehicle resulting in unprecedented rates of collisions even at low speeds. The National Highway Transportation Safety Administration (NHTSA) launched an investigation into the matter under safety regulation of automobiles which found Pinto to be defective. Therefore, in this argument, a significant analysis basing of the rate of rollovers against purchased ATV among other considerations shall be used to justify Pete’s claims. Carver and Vondra (1994) argue that most manufacturer CEO’s would prefer out of the court settlement in cases they believe the accusation by victim correct more often to cover up the problem. Nonetheless, the rollover is likely to have occurred to due design issues hence Pete is liable for compensation. Pete’s arguments would only hold if he manages to provide statistical evidence that the ATV was indeed poorly designed.
Layrisson Law Firm (2014) points out that the key question in ADR cases involving accidents focus on the accident is whose fault and the worth of the damages. Therefore, for Pete to be compensated for the injuries and medical costs incurred he must provide sufficient evidence to his claims as well as ATV manufacturer. ADR offers a platform for Pete to quickly compensated and the matter easily resolved.
References
Adamovi?, A. (2012). Alternative dispute resolution in light of the Civil Procedure Act. Facta universitatis-series: Law and Politics, 10(2), 157-169.
Carver, T. B., & Vondra, A. A. (1994, MAY–JUNE). Alternative Dispute Resolution: Why It Doesn’t Work and Why It Does. Retrieved Nov 11, 2018, from Harvard Business Review: https://hbr.org/1994/05/alternative-dispute-resolution-why-it-doesnt-work-and-why-it-does
Lee, M. (1998). The Ford Pinto Case and the Development of Auto Safety Regulations, 1893—1978. Business and Economic History, 390-401.
Mendoza, J. (2018). 7 Legal Steps for Dispute Resolution in Arizona. Retrieved Nov 11, 2018, from West Longenbaugh Zickerman: https://www.welzaz.com/legal-steps-alternate-dispute-resolution/
Parker Layrisson Law Firm. (2014, June 15). Overview of ADR in Car Accident Personal Injury Cases. Retrieved Nov 11, 2018, from Parker Layrisson Law Firm: https://layrisson.com/mediation-and-arbitration-adr-in-car-accident-personal-injury-cases/
?im?ek, N. S., & Bölten, K. (2010). General Overview as to the Distinction between Litigation and Alternative Dispute Resolution Methods.
Zimmer, M. B. (2011). Overview of Alternative Dispute Resolution: A Primer for Judges and Administrators. International Journal For Court Administration, 1-11.
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