under what circumstance might a party elect to pursue litigation in lieu of alternative dispute resolution?

Answers

Answer 1

Answer:

Disputes between businesses, employers and workers, and enterprises and customers are frequently resolved through alternative dispute resolution.

Answer 2

A party elect to pursue litigation in lieu of alternative dispute resolution where the cases are related to more of personnel loss in the form of life and property.

Litigation cases can be seen in the case of criminal law and Alternative Dispute Resolution is more prominent in Civil Matters and Family disputes.

Litigation is a legal term for the settlement of the disputes between two parties in legal court.

The dispute can be related to either personnel or professional issues ranging from family matters, businesses and are classified into Criminal and Civil cases.

Example of Criminal cases-  Murder, Theft, Robbery, Forgery, Fraud

Example of Civil Cases- Property Dispute, Trespassing, Real estate and Agricultural dispute.

In some cases few crimes can be the part of both civil and criminal cases for example Trespassing

Punishment for these cases

In case of Criminal law- Punishment related to Imprisonment, penalty and maximum Capital punishment

In case of Civil law- Punishment related to pecuniary and in some cases imprisonment as well

Alternate Dispute Resolution

It is a process of resolving disputes between two parties using the third party as a mediator. They are used for disagreeing parties who could not come to an agreement short of litigation.

Advantages of Alternate Dispute Resolution over litigation

-Cost friendly and time saving

-Parties in controlling position

-Risk Management

-Flexibility of Process

-Suitable for multi party system.

Examples of Alternative Dispute Resolution in different countries:

USA- Structured negotiation is a type of collaborative and solution-driven alternative dispute resolution that differs from traditional Alternative Dispute Resolution options as  it does not rely on a third-party mediator and  not initiated by a legal complaint. The process is  implemented for seeking injunctive relief.

UK- In the United Kingdom, ADR is encouraged as a mean of resolving taxpayers' disputes with Revenue and Customs

Alternative Dispute Resolution is now widely used in the UK across many sectors such as Finance, Energy and Legal Sector.

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Related Questions

HELPPPPP!!!!!!!

Blake offers to sell to Poe a copy of Lord Byron’s first edition of poetry for $22,000 and specifies the acceptance has to be in writing, accompanied by a check for the required amount, and delivered by certified mail. Poe follows the offer’s instructions exactly and mails the certified letter at 3 p.m. on April 1. However, at 9 a.m. on April 1, Blake accepted an offer of $30,000 for the edition. He then mailed a revocation of his offer to Poe at 1 p.m. the same day. The revocation arrived at Poe’s address at noon on April 2. Which contract will be upheld by the courts? Provide a CLEAR answer to the question.

Answers

Answer:

q

Explanation:

since blake has 50 dollars and get 30,00 dollar each month what he should do is buy 1 dollar food at dollar store to be able to survive and not waste that much moeny unitil he gets is 30,000 dollars again

Do I go to jail if I hit a car and run

Answers

Answer:

You could face a lot of charges for the car and damage but you go to jail.

Explanation:

In a medical malpractice case, an individual alleges that he or she has been injured by another’s negligence or malfeasance. Medical malpractice cases such as this one involve which kind of law

Answers

Answer:

Tort

Explanation:

Morrey and Veronica get into an accident. Both sides have worked to settle their claims but are unable to do so. The case is __________ because the judge would be able to make a decision which would affect the parties.

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ripe

(A case is ripe if a judge's decision is
capable of affecting the parties
immediately. Usually the issue of ripeness
arises when one party claims that the case is
moot-in other words, there is no point in
the court's hearing the case because no
judgment can affect the situation between
the parties.)

What rationale upheld by SCOTUS supports subjecting individuals charged with a crime but not yet found guilty to strip searches while awaiting trial in jail

Answers

Answer:

Explanation:

Not or guilty

What is an accommodation? Give an example.

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Answer:

Accommodation is something that fulfills a particular need. An example of Accommodation is when a traveler stay at a motel or an inn

The definition of an accommodation is something that fulfills a particular need. ... A hotel, motel and inn are each an example of an accommodation for travelers. 2. A ramp leading up to the front door of an apartment building is an example of an accommodation for a resident in a wheelchair.

what 1978 law amended title vii of the civil rights act?

Answers

The Pregnancy Discrimination Act of 1978

is there a difference between not guilty and acquitted

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Acquittal and not guilty are two terms that are often used interchangeably in legal settings. A verdict of “not guilty” is an acquittal. “Not guilty” means that the court does not have enough evidence to believe that you are guilty beyond a reasonable doubt. An acquittal is a decision that the defendant is absolved of the charges of which they’re accused.

will give brainliest

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thank you so much.......

When does the law give a blind pedestrian special consideration at intersections where there are no traffic lights

Answers

If he holds out a white cane or has a guide dog with him

Each of these statements about communist is true except

Answers

Answer:

5445=-tb

Explanation:

Without going into the specifics of the charge, the defendant was found guilty of violating an obscure state law in a county court. Since the law was enacted a century ago, not a single person has been charged with violating it in the state. As a result, this case was essentially new territory for state prosecutors and the presiding county court judge. The case is being appealed. The defense attorney is confident that the verdict will be overturned based on a failure of what they perceive as the judge not abiding by precedent. This claimed precedent refers to a recent highly publicized case in another state that involved a similar law. As a noted legal scholar, the state judiciary has called you in to assess the validity of the appeal. When asked for your preliminary thoughts by a senior state prosecutor, specifically if you believe the judge failed to follow precedent in offering his opinion, how do you respond

Answers

In the situation described and following the definition and common use cases of precedent, I would confirm that it is my opinion that the judge in question did in fact fail to follow precedent.

Precedent is described as a past event and/or action which is used as a guide when considering the course of action for a similar situation. Given the keyword "similar" in this definition, it can be argued that in order for precedent to apply to a situation, it is not necessary for the details of each situation to be identical.

Therefore, the defense attorney can argue the failure to follow precedent based solely on the similarly obscure nature of each law. Furthermore, if the defense attorney is able to procure evidence of past infractions of this law for which no charges were upheld, it would almost certainly result in the appeal being granted and the subsequent review of the law in question.

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Lester is stopped on a public highway and he has a shell in the guns magazine but not in the chamber has he violated the fish and game code true or false

Answers

Answer:

True

Explanation:

Cuz he had gun

Hope it helps

Which section of this diagram represents the highest court that has the power to rule that a law violates the U.S. Constitution? (3 points)

Group of answer choices

A

B

F

D

Answers

Answer:

I think it's A or F

Explanation:

Hope it helps,

international tribunal finds u.s. guilty of crimes against humanity

Answers

The systematic killing and maiming of unarmed African Americans by police amount to crimes against humanity that should be investigated and

what is the punishment for drunk driving and killing someone

Answers

Answer:

You could face 10 years in jail, and a 25000$ fine.

This only applies to Philadelphia. It is different for other states/countries.

I hope this helped at all.

A law prohibiting a newspaper from publishing a story exposing military secrets is an example of what kind of law

Answers

Answer:

Prior Restraint

Explanation:

Because...

Answer:

A law prohibiting a newspaper from publishing a story exposing military secrets is an example of a prior restraint.

I don't have to explain because the definition of a prior restraint is in the question.

I hope this helped at all.

when may you be subject to criminal disciplinary and/or administrative

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Answer:

Under which circumstances may you be subject to criminal, disciplinary, and/or administrative action due to online misconduct? Any time you participate in or condone misconduct, whether offline or online.

Explanation:

Mark me brainly please

Any time when you are involved or participate in or condone misconduct, either online or offline mode subject to criminal disciplinary and/or administrative.

What is a criminal?

A criminal is a person who breaks the law by an overact, omission, or neglect that may result in punishment.

when you are involved or participate in the misconduct either offline or online mode, it will be subject to criminal disciplinary and/or administrative.

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PLEASE HELP ME ASAPP
Carson is called to the scene of a murder. He brings his kit with him and begins to dust the area for fingerprints. Then he carefully puts a clear, special tape over possible prints to lift them off the surface. Carson puts the prints in his evidence bag to scan into the computer at the lab. What title would MOST likely describe Carson's profession? A. criminologist B. criminalist OC. criminal justice professional D. jurist​

Answers

Answer:

Criminalist

Explanation:

A.K.A forensics

Answer:

criminalist

Explanation:

forensics

if the appellate court thinks a decision was wrong, it will:

Answers

Require further explanation and proof

Law books and articles that summarize, systematize, compile, explain, and interpret the law are called

Answers

Answer:

Are called secondary sources.

Law books and articles that summarize, systematize, compile, explain, and interpret the law are called secondary sources.

Other secondary sources are...

Biographies.Textbooks.Journal articles.

A secondary source is a source that analyzes a specific event, but most of time, it is a historical event.

I hope this helped at all.

Safety belts usually consist of a lap belt and __________

Answers

Answer:

a shoulder belt

Explanation:

The person above is correct, a shoulder belt

PLEASE HELP ME ASAPP
When the factories in Brian's city closed, people quickly found that they could no longer afford their homes. Many homes were abandoned, soon to be taken over by those who were engaging in criminal activity. Because there were fewer taxpayers, the city could no longer afford a large police force. This meant that if a crime was being committed, a person may have to wait a substantial amount of time before law enforcement arrived. People eventually stopped calling the police. Crime seemed to flourish. What happened in Brian's neighborhood is MOST closely aligned to which crime theory? OA. social pathology B. social disorganization theory OC. differential opportunity theory D. labeling theory​

Answers

Answer:

Social Disorganization Theory

Explanation:

Answer:

social disorganization theory

Explanation:

a person's residential location is more significant than the person's characteristics when predicting criminal activity and the juveniles living in this areas acquire criminality by the cultures approval within the disadvantaged urban neighborhoods

Which statement best describes executive privilege?
Select one:

a.
Executive privilege includes all of the perks of living in the White House.

b.
Executive privilege is invoked when a President disagrees with a Congressional action.

c.
Executive privilege is a power formally granted to the President in the Constitution.

d.
Executive privilege enables to deny Congress access to documents that are vital to the operation of the Executive branch.

Answers

d executive privilege enables to deny congress access to documents that are vital to the operation of the executive branch

which type of government provides the best protection of individual rights?

Answers

Answer:

A democratic, strong government provides the best protection of individual rights.

I hope this helped at all.

Does the method a profiler uses to create their profile matter? Why or why not?

Answers

Answer:

This would be called Offender profiling.

     Offender profiling, also known as criminal profiling, is an investigative strategy used by law enforcement agencies to identify likely suspects and has been used by investigators to link cases that may have been committed by the same person.

Explanation:

mendel’s laws of segregation and independent assortment are based on the movement of chromosomes during meiosis, even though mendel did not know about chromosomes during his lifetime. can you match each of the following events with the law it illustrates?

Answers

According to Mendel, the law of segregation posits that an individual has two alleles and a parent typically passes only one allele to the offspring.

Your information is incomplete. Therefore, an overview of the law of segregation and independent assortment will be given. Mendel's Law of Independent Assortment implies that the inheritance of one gene is independent of the inheritance of the other pair.

It should be noted that the law of segregation and independent assortment are vital during meiotic division. Mendel's law of segregation simply entails how homologous chromosomes are separated in meiosis.

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Carson is called to the scene of a murder. He brings his kit with him and begins to dust the area for fingerprints. Then he carefully puts a clear, special tape over possible prints to lift them off the surface. Carson puts the prints in his evidence bag to scan into the computer at the lab. What title would MOST likely describe Carson's profession? OA. criminologist B. criminalist C. criminal justice professional CD. jurist​

Answers

Answer:

criminalist

Explanation:

Forensic science, also known as criminalistics, is the application of science to criminal and civil laws, mainly—on the criminal side—during criminal investigation, as governed by the legal standards of admissible evidence and criminal procedure.

The title that would doubtlessly depict Carson's profession is criminalist.Therefore, choice (B) is exact response.

A criminalist is a legal researcher who spends significant time in gathering, examining, and deciphering actual proof connected with criminal examinations. For this situation, Carson's activities of tidying for fingerprints, utilizing exceptional tape to lift the prints, and safeguarding the proof in a proof sack for additional examination demonstrate that he is associated with criminological examinations.

Criminalists assume a significant part in crime location examination, looking at proof to assist with recognizing suspects and add to settling criminal cases. They frequently work in legal research centers and team up with policing to offer logical help in criminal examinations.

Accordingly, choice (B) is exact response.

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A judge tries to save his friend, the defendant in a drug related case, from embarrassment by closing the trial to public and the media.

Amendment involved: Was it violated?: How?:

Answers

Answer:

It has also decided that the right to a public trial is not absolute, and that both the government and the defendant might request a secret trial in specific circumstances. The Sixth Amendment mandates that criminal defendants be informed of the nature and basis of their charges.

Under California law, any person seeking relief for a breach of contract must do so within the time limits of the:

Answers

Answer:

action for cause occurring, which is limited to four years.

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