DB WK 4

If Frederick came to me for advice on how to proceed with his issue, I would suggest to him proceeding with utilizing a form of alternative dispute resolution against his professors on taking his idea about a new business invention. Not only can litigation be very expensive and may ruin the relationship he has with his professors, but time is also wasted which could be spent on more productive activities, including securing new business or implementing existing business activities (Melvin & Guerra-Pujol, 2015). A few other advantages of utilizing ADR instead of litigation are expertise, which in some cases, parties may choose to have an industry expert to help resolve their dispute, and privacy, which is privately conducted so there is no public record (Melvin & Guerra-Pujol, 2015). To reinforce the suggestion of using Alternative Dispute Resolution or ADR, the article “Canada’s top judge supports forms of alternative dispute resolution [Pulling Together conference]” states that Supreme Court Chief Justice Beverly McLachlin supports forms of alternative dispute resolution such as mediation (Canadian Press NewsWire, 2000). McLachlin stated that these methods are increasingly being used in family law to avoid painful costly divorce trials (Canadian Press NewsWire, 2000). As we can see from this article, ADR is especially used in close relationships with people to avoid high legal costs. From the article, McLachlin also spoke highly of the way aboriginal people resolved disputes by using ADR (Canadian Press NewsWire, 2000). The article “Using alternative dispute resolution mechanisms to resolve patent disputes” by Russell E. Levine and Matthew V. Topic support the fact that litigation can years before reaching the final judgment which can be a great expense. They also state that ADR allows for a faster resolution between parties in a mutually-agreed upon the location at far less expense (Levine & Topic, 2012). And, ADR gives the parties “control” over their dispute and allows them to limit issues to be resolved, limit discovery, and to specify the remedies available to the prevailing party (Levine & Topic, 2012). However, there is not just one kind of ADR that will work in all cases. Every case and every set of parties have a unique dynamics and ADR is very flexible in adjusting to each particular set of circumstances (Levine & Topic, 2012). Because litigation can be very costly and may cause serious damage to the relationship between Frederick and his professors, I would highly suggest using a form of Alternative Dispute Resolution in their best interest. This will allow Frederick and his professors to come to an agreement where they all could become successful in the business. Matthew 18:15-17 states “If your brother sins against you, go and tell him his fault, between you and him alone. If he listens to you, you have gained your brother. But if he does not listen, take one or two others along with you, that every charge may be established by the evidence of two or three witnesses. If he refuses to listen to them, tell it to the church. And if he refuses to listen even to the church, let him be to you as a Gentile and tax collector” (Matthew 18:15-17, ESV). From this passage in the Bible, we can see how using Informal ADR, or face-to-face negotiations, to using Formal ADR or arbitration, mediation, and expert evaluation would be the best option for Frederick in his issue with his professors. I would recommend to Frederick to pray to God about his issue and ask for his guidance in this matter.

Melvin, S. P., & Guerra-Pujol, F. E. (2015). The Legal Environment of Business A Managerial Approach: Theory to Practice (3rd ed.). New York, NY: McGraw-Hill Education.

Canada's top judge supports forms of alternative dispute resolution [pulling together conference]. (2000,). Canadian Press NewsWire

Levine, R. E., & Topic, M. V. (2012). Using alternative dispute resolution mechanisms to resolve patent disputes. Journal of Intellectual Property Law & Practice, 7(2), 119-125. doi:10.1093/jiplp/jpr199

Reply 2

The advice that I would give Frederick is to choose Alternative dispute resolution instead of litigation because the invention was not completed on his behalf, as well as, to remember that everyone cannot be trusted. I would point out some of the potential advantages of ADR over litigation: Cost, ADR could potentially cost a fraction of normal litigation costs (Melvin, 2018, p. 122). Preserving the student/instructor relationship, Litigation is, by nature is adversarial (Melvin, 2018, p. 122). Time, The time spent in ADR is much less than the normal two-to-three year (or more) period with discovery, a civil jury, and possible appeal (Melvin, 2018, p. 122). Expertise, when a case is before a jury, there is an uncontrollable risk that the jury may have a difficult time grasping the details of a complex case (Melvin, 2018, p. 122). Privacy, ADR methods are usually conducted in private with no public record required (Melvin, 2018, p. 122). Frederick will be educated that informal ADR involves the parties negotiating face-to-face or through intermediaries to arrive at a mutually agreeable solution without the use of a formal process (Melvin, 2018, p. 122). I would also notify him that mediation is becoming increasingly common as a cost-efficient form of dispute resolution primarily because mediation is relatively informal and does not require as much of preparation as arbitration (Melvin, 2018, p. 122).

Yes, a person can sue a friend but if that person is a true friend, then suing should not be an option. Whatever the situation is, hopefully it can be resolve before it gets to suing stage. But, if suing is the case, it still can be handled maturely. This will cause a friendship to have untruth and possibly come to an end. The role that Frederick can play in his faith is to forgive the professors, whether they apologize or not, continue to take the class, and show kindness toward them.

Labor arbitration has been documented since the mid nineteenth century and expanded in use during the post-Civil War Era. Labor arbitration became a necessary part of labor law during World War II, and Supreme Court interpretation of the Labor Management Relations Act made arbitration central to collective bargaining (Grenig, 2016). Arbitration clauses are a central issue in the context of employment and labor disputes (Melvin, 2018, p. 125). Filing a lawsuit dealing with employment takes a different turn that with suing an individual but it is something that has been going on since WWII.

ADR services are achieved through different forms and are governed by different sets of substantive and procedural rules (SPIROSKA & RISTOVSKA, 2013). Analysis of ADR’s is necessary to determine if ADR actually is efficient and cost-reducing system (SPIROSKA & RISTOVSKA, 2013). As this article states, “when it comes to ADR, one size does not fit all”.

Bible integration:

1st Corinthians 6:7… Now therefore, it is already an utter failure for you that you go to law against one another. Why do you not rather accept the wrong?  Why do you not rather let yourselves be cheated?

Suing is something that we as Christians should not do. So, we should be the bigger person and forgive, and decide not to sue. Even if we are not wrong, accept the wrong of the other person and move on from this matter. God will give us the strength to climb this mountain and the Holy Spirit will guide us in which way to go around this mountain. Amen.

Grenig, J. E. (2016). EVOLUTION OF THE ROLE OF ALTERNATIVE DISPUTE

RESOLUTION IN RESOLVING EMPLOYMENT DISPUTES. Dispute Resolution Journal, 71(2), 99-139.

Melvin. (2018). Legal environment of business (3rd ed.). Boston, MA: McGraw Hill.

SPIROSKA, E., & RISTOVSKA, M. (2013). Needs Assessment and Sustainability of

Alternative Dispute Resolution (ADR) in Civil Disputes Resolving. Balkan Social Science Review, 283-100.