Civil and alternative dispute resolution
Since man started living in organized communities, rules and regulations have been an important part of their lives as they attempt to maintain law and order in a society while at the same time ensuring that people live in peace and harmony. In the case of failure to honor and respect the rules of the nation, people may file civil lawsuits or use Alternative Dispute Resolution to administer justice to all members of society. Civil cases often arise out of disputes and disagreements between individuals, entities or other institutions including government institutions. On the other hand, alternative dispute resolutions are often used by disputing parties to find a resolution without necessarily going to court or filing any litigation (Kubasek, 2016). This assignment will attempt to determine factors to be considered when deciding whether to file a lawsuit.
Owing to the case provided above, as Pete’s lawyer, I would advise him to use alternative dispute resolutions to solve his dispute with the all-terrain vehicle rather than filing a civil lawsuit. When filing a civil case, the plaintiff through his advocates has to use the facts of the case and the law to present their claims in the most favorable manner. Notably, the fact that the plaintiff must present indisputable and concrete evidence and potential witnesses make Pete’s case a light case that should not be filled in a court of law but rather should be solved alternatives methods such as mediation and consolation. The attorneys need to analyze the evidence presented to prove the client’s claim. Before the client can present his or her evidence, the attorney must evaluate the credibility and strength of the evidence. Notably, litigation can be expensive. It is crucial for attorneys to discuss the forecasted expenditure of a lawsuit consisting of the attorney’s fees, investigation cost, filing costs and the cost of discovery (Kubasek, 2016). At the end of the day, it becomes expensive in terms of money and time for the plaintiff to file a lawsuit.
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On the other hand, Alternative Dispute Resolution, which comprises of mediation, conciliation, and arbitration. One of the most important steps of this method includes the evaluation and understanding of the dispute. In the case provided, there is a dispute between Pete and the all-terrain vehicle company since Pete feels that he should be compensated for the injuries inflicted by the vehicle. However, Pete needs to understand that despite the fact that the vehicle is an all-terrain car, there is a speed limit which helps to keep the vehicle balanced and prevent rolling over. By understanding the dispute, both parties can be in a position to evaluate the source of the problem and agree on the settlement plan (Kubasek, 2016). Moreover, Pete should be in a position to evaluate his option and settle for the best settlement plan that will result in a win-win situation. There are many ways to approach dispute resolution.
From the above argument, it is easy to point out that both a civil litigation and alternative dispute resolutions can be used to evaluate and settle a disagreement. However, considering the circumstances surrounding Pete’s case, it is correct to say that using alternative dispute resolution will yield the best results.
Kubasek, N. B. ((2016).). Dynamic business law: The essentials (3rd ed.). . New York, NY: : McGraw-Hill Education.