Robert Crosswhite Week 12 Case Study
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School
Central Lakes College *
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Course
2130
Subject
Law
Date
Jan 9, 2024
Type
docx
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2
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Summarize the Case in your own words.
The case is about an example case in which trade disputes might occur. In this case it is between
a client and a company with a new product they expect to make millions from. The client is
concerned about early losses and does not fully understand the nature of the OTC product. The
case then does a deep dive into Mediation and how it can be better or worse than litigation in
certain situations. It emphasizes the importance of picking the right mediator and says that
mediating is a generally faster process than litigation. After it discusses the various options, I can
agree with the point. I do not see why going through a court is necessary when you could get a
mediator for the smaller cases; it gives you more privacy Aswell as may lead to less hostility
than a case in court, which can cost either party something, if anything goes wrong.
Indicate how it relates to the content for the week.
The case fits perfectly with what we talked about in class this week. It shows how businesses can
be smart and choose mediation over court litigation to solve problems faster, cheaper and more
likely to have a better outcome on both sides. The case talks about picking the right mediator to
help fix the problem. It gives a real-world view and application on the subject, which made it a
little more interesting this way.
Answer question 1
In this case study, opting for mediation over litigation offers several advantages. First, mediation
can be more efficient and cheaper as it often leads to a quicker resolution. Second, the
confidentiality of the mediation process emerges as a crucial advantage since it shields sensitive
information from public disclosure, allowing the involved parties to maintain a level of privacy
that court proceedings may lack. In this way it protects the reputation of both parties. Third, it
allows business relationships to come out intact, which is a benefit, since the client is not lost to
the company. Perhaps this is because mediation provides a way for both parties to find solutions
that go beyond the strictness of a court decision, creating a more friendly and flexible resolution
with less friction. This strictness and adherence to rpoceedure can also be a discadvantage
depending on the case and the parties involved.
To be honest if you are already in court, you are more likely than not to be on less than the best
of terms.
While mediation presents many advantages, potential disadvantages also exist. One challenge
mentioned is the dependence on mediator selection. This not only influences the duration and
cost of the process but may also result in negative outcomes. It should probably also be
considered that no matter how good the mediator is, they cannot solve every case.
I feel like it is more likely for the mediated case to have someone not show up on time, or for
scheduling problems to occur.
Conclusion:
In closing the case study really taught me a lot about lawyers and how they grapple with
financial disputes.
This week's course content really lines up with the case study and this case really brought me to
understand the content in a more real-world perspective. Mediation relies highly on who you
pick, since a bad mediator can lead to more court problems than before. This week deepened my
understanding of the subject as a whole, and I feel more confident now that I can make the right
calls if this type of situation were to ever happen to me.
Cite:
New York Law Journal Alternative Dispute Resolution (ADR) Special Report -
March 2020.
https://www.jdsupra.com/legalnews/resolving-financial-disputes-through-73285/
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