week 2 law
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Jan 9, 2024
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Uploaded by AgentCapybara2265
Bernie has discussed with you and the other interns, the importance of understanding alternative
dispute resolution as part of a paralegal's job. Bernie has asked you and the other interns to discuss the
topic below. Discussion questions:
Use only the assigned materials as a basis for this discussion; internet resources are not needed.
A.
Identify two different types of cases for which you would recommend ADR as an alternative to
litigation and explain why you would recommend ADR.
1.
The first case that I would select for ADR would be a neighbor conflict where the
neighbors are at odds over the placement of a fence on property and they can not come
to a conclusion on the placement of the fence.
2.
The second would be a small clams case involving a contractor and a client, where they
don’t agree on the pricing after changes were requested to the proposed project.
B.
Evaluate and explain the specific type of ADR you would recommend for each of the two cases
discussed in a. above and explain why you are recommending a specific type of ADR.
1.
The reason that I opted to go with a neighbor dispute to ADR because disputes between
neighbors is not only a common issue brought up in court but is one that is a severe
strain on the court and the parties involved. Unlike a divorce where one of the partners
relocates from the main home, when its neighbors a skilled mediator may be needed to
resolve the issue. Mediation would be the recommended solution to resolve the current
issue. A neutral unbiased solution can be obtained, in most cases the neighbors go into
the mediation process under the impression that its all the fault of the neighbor. In order
for the process to work both parties must be open to listening to the other party, with
the intention to listen for understanding not with the intent to answer. During the
mediation process all clients will be able gauge the cost and risk and they can determine
on how to proceed.
2.
For this dispute I would select to utilize construction mediation.
A mediator will work
with unbiased concern with all parties involved, reviewing the claims of the parties, and
assisting in any and all settlements in the case involving all parties. During the mediation
process the mediator will hold private meetings with the parties involved to review each
parties claim. No opinion will be issued with respect to liability, but they will attempt to
have both parties come to an agreement that is suitable to all parties involved
Make the Most of Your Mediation: The Neighbor Dispute
https://www.jamsadr.com/blog/2016/make-the-most-of-your-mediation-the-neighbor-dispute
Guide to Alternative Dispute Resolution (ADR) in Construction
https://www.levelset.com/blog/alternative-dispute-resolution/
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