Civil Litigation Process Analysis

Mediation happens when a 3rd party comes in and helps improve the relationship, enhances communication, and uses effective problem solving techniques. Administrative or managerial approaches and procedures used if conflict is between employees or members of an organization. The 3rd party, who does is allowed to make a decision is doing the mediation and is allowed to make a decision if need be. This approach reminds me of how the military handles conflict within their ranks. Being in the military I have seen this process conducted, they will allow the parties to try to resolve their own conflict, but if they cannot the authority figure does it for them. Arbitration is a private process still including a 3rd party that helps resolve the conflict. Arbitration comes in two forms med-arb and mediation then arbitration. Med-arb uses mediation as the first step to resolve the conflict, if mediation does not work they move on to arbitration, while the mediation then arbitration uses both with a different 3rd party for

For instance, one aspect of the Rodriguez v. Firestone case and the first step in a civil case is the complaint. In civil lawsuit there is not a prosecution by the government but instead a plaintiff brings a claim of harm against the defendant. Here the Rodriguez claimed Firestone was responsible for the event that caused Rodriguez’s horrific road accident. Another major aspect of the civil system is the negotiation. This allows overzealous offers to be brought inline with more realistic compensation demands, which can aid in settling a case quickly. According to CNN after the trial started the two sides were able to reach agreement. An out-of-court settlement of ~$6 million was reported just four days into formal civil process (“Firestone suit settled for $7.5 million,”

Things that must be considered in case you are involved in litigation by Daniel DeKoter Lawyer

As litigation continues to be a time-wasting, costly, distracted, and unsatisfactory practice for dispute resolution, alternative dispute resolution increases in popularity, specifically, mediation and arbitration. Arbitration is a cost efficient substitute to litigation that is the yielding of a dispute to an impartial party in order to receive a final incumbent decision in the form of an award. Arbitration is sensitive, classified, and modeled to be a swift, and inexpensive solution to dispute. Participating parties may include additional terms in the agreement identifying arrangements to their agreements’ arbitration clauses to meet the requirements of their discrete dispute. In summation, arbitration is process that is private, speedy, cost efficient, and customized to the liking of the parties involved.

After reading this week’s readings I have come to the conclusion that the court system of the state where I live which is Louisiana is somewhat unified. [1] In order to understand how to file a law suit in Louisiana it is necessary to know all the different kind of courts that exist here because a civil law suit can be filed on multiple different courts depending on the kind of civil law suit, therefore I will start with a brief explanation of the kind of courts that can be found in the state of Louisiana. The Supreme Court is the highest court in Louisiana and its main responsibility is to review some cases from lower courts in which the decisions that were made by the judges are questionable, some civil cases can also be reviewed by the Supreme Court. [2] The Supreme Court is composed of one Chief Justice and six Associates Justices, all justices and all judges in the state of Louisiana are elected and they all had to practiced law for a certain amount of years as well as complete a one year residency at the court they wish to work for before they become eligible to become judges or justices. [3] There are five circuit court of appeals in the state of Louisiana, the job of the circuit court of appeals is similar to the one of the Supreme Court but the work load of the Circuit Court of Appeals is much higher than the one of the Supreme Court, some civil law suits can also be appealed at the Circuit Court of Appeals and they are able to accept new evidence during appeals in

Litigation refers to the rules and practices that involved resolving disputes in the court system. The term litigation is typically used and associated with tort cases but can refer to all types of cases. The movie A Civil Action is about families who children have died suing two companies for their disposal of toxic waste. John Travolta plays Jan Schlittman a lawyer who takes on the case to represent the eight families who are suing the two companies. Travolta didn’t want to take the case at first as his firm only takes case that are winnable due to they pay all the legal costs of their clients and will get paid from the settlement. After Travolta finds out that two large companies could be the reason why the children died, he then decides

Beyond negotiation and mediation, there are a number of approaches that decrease the personal control the people involved have over the dispute outcome, increase the involvement of external decision makers, and rely increasingly on win-lose and either-or decision-making techniques. These approaches can be divided into public and private, and legal and extralegal.

Resolution Pre-Trial. Many cases may resolve prior to trial through motions filed to the court, such as a Motion to Dismiss. When this occurs the case has come to a resolution without trial. This is also different then agreeing to a settlement as these motions are decided by the court.

Civil cases are usually private disputes between organizations and people. Criminal cases are usually a harmful, immoral action towards society as a whole.

The process of adjusting or settling disputes in a friendly manner through extra judicial means.

Substantial differences exist between criminal and civil cases. Civil cases are usually between two people, or organizations, who have a personal or private disagreement. Criminal cases involve an offense which harms the entire community and whose solution is a monetary fine or imprisonment for the offender. The volition of criminal law rests with the state. The volition of civil law rests in the hands of the person who was harmed. Although differences exist between civil and criminal cases, each is resolved within the courts of law.

For example, according to Civil Law Self-Help Center: 1) A breach of contract case typically results from a person's failure to perform some term of a contract, whether the contract is written or oral, without some legitimate legal excuse. Cases involving claims for such things as not completing a job, not paying in full or on time, failing to deliver goods sold or promised, and many others, are all examples. 2) In landlord/tenant claim, civil courts handle disputes arising between landlords and tenants.  Cases where a landlord is trying to evict a tenant from a rental property or a tenant has moved out and is suing a landlord for the return of a security deposit are

Before lawyers pc computer file a problem, they go through a pre-litigation stage in which they’ll try to negotiate and negotiate with the violators before submitting your scenario to the assess. In a few instances, the violators should negotiate at this part, but generally they will do not negotiate.

With all of these acts and statutes being passed, it seemed as though arbitration was the way to go. But as more and more agreements to arbitrate future disputes were executed, other nonarbitral forms of alternative dispute resolution such as mediation and neutral fact-finding became common.

In all cases, the accused/defendant is always innocent until proven guilty, therefore, it is the prosecutor/plaintiff’s job to prove the judge or jury wrong. In a criminal case, the accused must have their guilt proven beyond reasonable doubt (over 95% sure), however a civil