The Legal System ADR Analysis
Name
LAW 531
Date
Instructor – Joseph Balistocky
MEMO
TO: Joseph
FROM: Robert
RE: Dispute between Nancy and Mary in partnership of an independent appliance store and automated marketing business.
DATE: December 23, 2013
FACTS:
James and Mary became business partners of an online merchandising and retail store; however either he or she entered to a formal agreement. One day Mary decided that she would need to reduce her working hours to care for a family member. Responding to Mary’s decision James hired a highly qualified individual and make decrease Mary’s profit without a knowledge or agreement of Mary. In frustration, Mary closed the partnership account with James and opens a sole signatory account.
This case could lead to a State Trial; however, the legal phase for the case will begin is small claims court. If James and Mary do not a settlement in small claims court the case can proceed to the states appeals court and go as far as entering into the Supreme Court. Most claim files in small claims courts come to a settlement; however to reduce cost and a lengthy trial mediation and most commonly responsive solutions for parties when resolving the issues or matters difficult to solve in the court system. Listed below are a few options available for in resolving disputes between business partners, shareholders of business entities, and managing members.
Litigation
Litigation is an action brought in court to enforce a particular right (The Free Dictionary, 2013). Litigation in a process develops when an individual files a claim for a civil lawsuit. This type of process has several guidelines of Civil Procedure. These governed actions in state and federal courts involve a sequence of steps. These steps may lead to a court trial and eventually a solution to the problem or issue (The Free Dictionary, 2013). Litigation claims that address business ownership and management disputes must...