alternate dispute resolution

Choose a business dispute involving the tort of negligence affecting a small or start-up business. This may be a dispute you are familiar with, or it may be a dispute described in a newspaper or other source. PLEASE USE THIS CASE IN THE LINK.

MARMET HEALTH CARE VS. BROWN

https://www.supremecourt.gov/opinions/11pdf/11-391.pdf

Write a 700- to 1,050-word paper in which you address the following:

  • Describe the business and basis of the dispute. This discussion must include a short description of the defendant’s legal duty and how he allegedly breached that duty.
  • Explain how the dispute was resolved or, if on-going, how it is being addressed.
  • Describe types of ADR, or Alternative Dispute Resolution, and why each is preferable to traditional litigation.
  • Explore which of the ADR options might be best under the circumstances, and why.
  • Analyze how you might have addressed the problem differently.

Include citations (both in-text and in a References page) of at least three references in your paper, not including your textbook(s). At least one of the references should be peer-reviewed. For purposes of this course, you may consider trade journals (magazines devoted to a specific trade) to be equivalent to “peer reviewed” if providing a specific insight relevant to the industry: for example, an article in an entrepreneurial magazine written by an attorney to describe ways to avoid litigation costs in a small business.

Format your paper consistent with APA guidelines. Refer to the APA Sample Paper in the Center for Writing Excellence in the University Library.

 

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