Tag: ADR
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Prepare a 2- to 3-page paper that consists of a plan of action for Stacy to follow at the initial meeting (which will be a negotiation) and for a likely mediation.
After facing some initial problems in obtaining an additional supply of organic blueberries, Stacy’s business continues to flourish. As it happens, however, Stacy’s commercial kitchen in the industrial park had a visit from a local Occupational Health and Safety Administration (OSHA) inspector who discovered a few problems in the kitchen. As a result, Stacy is…
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Potential Liability: Based on the fact scenario, if Annie goes to court, what could she lose? What verdicts are possible? How much will litigation cost? Discuss possibilities as well as reasons for potential liability.
Business Letter ADR Assignment Annie Baker and, her friend, Paula Accountant, decide to go into business together. Annie Baker makes excellent cupcakes, as recently seen on “Cupcake Wars.” Since the airing of the show, customers have been calling Annie off the hook. Paula Accountant, whose accounting office is next door, has noticed the huge lines…
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You are the owner of a restaurant and have a special recipe for a marinade that you use for rotisserie chicken. Your rotisserie chicken is a big hit, especially in the take-out market, and comprises some 60% of your business. You decide that you need some kind of intellectual property protection for your marinade recipe. Would you recommend a patent, trademark, copyright, or a trade secret? Explain your reasoning and the steps you might take to protect your marinade recipe from competitors.
INTELLECTUAL PROPERTY, INSURANCE, AND ALTERNATIVE DISPUTE RESOLUTION (ADR) Before you start on this assignment, make sure that you understand the distinctions and legal issues involved in the four main types of intellectual property—patents, trade secrets, copyrights, and trademarks, as discussed in the background readings. In addition, be sure to read the background material on business…
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With reference to examples, critically assess how critics of mediation and ADR have addressed the issue of power imbalances.
QUESTION Question ‘The fundamental problem that constrains the performance of alternative complaint mechanisms today derives from their inability to compensate adequately for the ineffective bargaining position of the individual who confronts large corporations and government bureaucracies.’ Nader 1979: 1019-1020 With reference to examples, critically assess how critics of mediation and ADR have addressed the issue…
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Critically evaluate the advantages and disadvantages of the different forms of ADR as compared to civil court proceedings.
Expert Witnessing and Dispute Resolution Critically evaluate the advantages and disadvantages of the different forms of ADR as compared to civil court proceedings. And Critically evaluate this quotation considering both the Criminal and Civil Procedure Rules and whether you agree or disagree with this proposition.
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What is the jurisdiction for this matter to be heard (what court would you select)? How do you get jurisdiction, what factors are considered for the jurisdiction? Why did you choose the jurisdiction?
Questions to be addressed. 1. What type of case is this? 2. Who are the parties, the plaintiff, defendant and witnesses? 3. What is the jurisdiction for this matter to be heard (what court would you select)? How do you get jurisdiction, what factors are considered for the jurisdiction? Why did you choose the jurisdiction?…
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What other changes would you recommend to mitigate the negative constraints of international arbitration?
Description Required Discussion: A New Paradigm for International Arbitration Amidst the many critiques of the inherent weaknesses in international arbitration, a growing cadre of concerned attorneys, judges and other ADR professionals have offered various solutions. These solutions take aim at the need for more efficiency, escalating costs that deny justice and favoritism to repeat players…
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Does state the relevant law, both case law and statutory provisions, applicable to the issues you have already analysed in [1] above.
ASSIGNMENT QUESTION The face of dispute resolution continues to change, there is a need to be flexible to the needs of modern litigation. Both the courts and alternative dispute resolution (ADR) are important elements of the dispute resolution landscape and it is important that we give thoughts to the way in which they can further…