The Legal System and ADR Analysis
Law/ 531-Business Law
Robert Remer
Interoffice memorandum
to:
Professor Reimer
from:
subject:
legal system and ADR ANALYSIS
date:
march 23, 2016
cc:
The legal resolution in the United States are divided into two types know as judicial dispute resolution (traditional litigation) and alternative dispute resolution (ADR). Today more businesses are moving away from the traditional way of litigation and are embracing non-judicial methods to resolve issues outside of the court judicial system. (Cheeseman,2013). My memo will look at a business dispute on a state level in which the state Supreme Court serves at the highest court in the state judicial body.
The business dispute ensued when a client of Boss United Food Distributors failed to pay their $10,000 dollar invoice. The client, Tennessee Wings, claims they received the shipment of chicken wings over a week late which caused delays in their business and as a result they had to seek the same product from another distributor at a much higher price. When the product eventually arrived at the client’s restaurant the manager on duty unknowingly signed for the shipment even though the company had cancelled the order after it was five days late. The owner of Tennessee Wings called the distributor and told them to pick up the food but they refused.
When Tennessee Wings failed to pay for the boxes of chicken wings distributed to the restaurant, Boss United Food Distributors filed a lawsuit against Tennessee Wings. The lawyers for Tennessee Wings and Boss United Food Distributors agree to use a non-judicial method (ADR) to resolve the issue.
There are several forms of alternative dispute resolution in which these two companies can use. But the most effective ADR methods that I believe is suited for this matter is the negotiation approach. This is the “procedure whereby the parties to a dispute engage in discussions and...