The Legal System Adr Analysis
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The Legal System ADR Analysis
By Tina Sellers
June 21, 2013
LAW 531
John Lombardi
University of Phoenix
MEMO
TO: John
FROM: Tina
RE: Partnership dispute between Bob and Mike in an unincorporated television and electronic retail business.
DATE: June 21, 2013
FACTS: Bob and Mike went into a business agreement but never entered to a formal agreement. Bob decided to reduce his working hours, in response to this Mike decided to higher Bob's son as a consultant without Mike's knowledge or agreement. Bob then decided to close the partnership account and opened a sole signatory account since Mike had decided to deduct Bob's drawing amount.
The legal phase for this case would start with small claims courts and could proceed to the State trial courts of general jurisdiction. If no settlement in the state trial court, this could go to the state appeals court and ultimately to the supreme court. Most cases are settled in small claims court.
Any litigator can attest that litigation among business owners can sometime become lengthy and also expensive as well as destructive to the long standing relationships among businesses. Most of these cases arise and layers must find dispute resolution other than traditional litigation and this minimizes delay, business disruptions and expenses and also results to more satisfactory outcome. Mediation and arbitration are some of the most common responsive solution for parties in a way that is impossible in the court system. They are particularly applicable where disputes among business owners as these cases raise unique legal and emotional issues that cannot be solved promptly and may have devastating impact on both the owners and the businesses. Under the current law, the court has relatively few options that are available for it to resolve disputes between business partners, managing members and shareholders of business entities. Those options are often limited to determining whether dissolution is a appropriate...
By Tina Sellers
June 21, 2013
LAW 531
John Lombardi
University of Phoenix
MEMO
TO: John
FROM: Tina
RE: Partnership dispute between Bob and Mike in an unincorporated television and electronic retail business.
DATE: June 21, 2013
FACTS: Bob and Mike went into a business agreement but never entered to a formal agreement. Bob decided to reduce his working hours, in response to this Mike decided to higher Bob's son as a consultant without Mike's knowledge or agreement. Bob then decided to close the partnership account and opened a sole signatory account since Mike had decided to deduct Bob's drawing amount.
The legal phase for this case would start with small claims courts and could proceed to the State trial courts of general jurisdiction. If no settlement in the state trial court, this could go to the state appeals court and ultimately to the supreme court. Most cases are settled in small claims court.
Any litigator can attest that litigation among business owners can sometime become lengthy and also expensive as well as destructive to the long standing relationships among businesses. Most of these cases arise and layers must find dispute resolution other than traditional litigation and this minimizes delay, business disruptions and expenses and also results to more satisfactory outcome. Mediation and arbitration are some of the most common responsive solution for parties in a way that is impossible in the court system. They are particularly applicable where disputes among business owners as these cases raise unique legal and emotional issues that cannot be solved promptly and may have devastating impact on both the owners and the businesses. Under the current law, the court has relatively few options that are available for it to resolve disputes between business partners, managing members and shareholders of business entities. Those options are often limited to determining whether dissolution is a appropriate...