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Nonlinear Pro Essay

1146 words - 5 pages

After viewing the Litigation and Alternatives video, we see that Quick Takes has come to a disagreement regarding the arrangement for use of Nonlinear Pro’s video editing system. The situation has escalated to the point that Nonlinear Pro has filed suit against Quick Takes for defaulting on a lease payment. At this juncture, Quick Takes and Nonlinear Pro must now decide how they wish to proceed to come to a resolution regarding this scenario.
When comparing the next steps for the parties involved with this suit, a choice must be made to move forward with traditional litigation or seek alternative dispute resolution (ADR). Traditional litigation is sometimes referred to as judicial dispute ...view middle of the document...

Another option available to parties involved in the suit is to explore alternative dispute resolution, or ADR. This process is less formal than traditional litigation, but has advantages in the fact that ADR typically is a faster process, and can save the parties involved vast amounts of time and money in legal fees that will be expended during traditional litigation. These options can be utilized to settle a disagreement prior to the full traditional litigation process being enacted. There are several different options with ADR that the conflicting parties may implement to best fit the circumstances surrounding the disagreement. In the simplest route, parties can agree to attempt to negotiate a resolution, making offers and counter offers to come to a conclusion. If this tactic is unsuccessful, a more rigorous process called arbitration can be implemented. This is considered the most common form of ADR (Cheeseman, 2010). Arbitration employs the use of an “impartial third party to hear and decide the dispute” (Cheeseman, 2010). The parties must decide ahead of time if they wish to implement binding arbitration, which allows the findings of the third party arbitrator to be final, and the parties involved cannot appeal the decision of the arbitrator in the appellate courts. Parties involved in ADR may also choose to use mediation. This process is very similar to simple negotiations, but involves a neutral third party to assist in this process. Conciliation is also similar to negotiation, but does not involve direct contact between the disputing parties. This can be used in cases where a confrontational setting may occur if the disputing groups were to meet face to face. In the case of mediation or conciliation, the parties involved must agree on a settlement, as no decision will be rendered by the third party involved. Mini-trials may also be utilized, to show the sides how a court may likely rule, and to help the parties decided on a possible settlement. Finally, judicial referees can be agreed upon to by the parties to have a judgment rendered outside of the court room, and avoid the lengthy process of formal litigation.
Recent data shows that nearly 95% of all cases are settled prior to trial (Cheeseman, 2010). As we review the scenario involving Quick Takes and Nonlinear Pro, both groups will likely attempt some type of ADR. However, both parties...

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