Conflict Resolution Process
Conflict Resolution Process
In light of your understanding of the civil and alternative dispute resolution (ADR) process, consider the following scenario:
Pete was seriously injured when the four-wheeled all-terrain vehicle (ATV) he was driving through the trails behind his house rolled over. As a result of his injuries, Pete is unable to work and has incurred $75,000 in medical bills. Pete has filed a lawsuit against the ATV manufacturer to receive compensation for the financial harm resulting from his injuries. Pete claims that the manufacturer defectively designed the ATV, causing it to have a tendency to roll over on rough terrain.
The ATV manufacturer claims that the ATV is not defectively designed and that the rollover was caused by Pete driving at an excessive rate of speed around a corner.
Consider the steps in civil litigation and ADR, and assess the factors that Pete and the ATV manufacturer will consider when deciding whether they should settle this lawsuit. If you were Pete’s lawyer, what resolution would you advise? Be sure to consider the primary forms of ADR and all ADR factors described in the lesson and textbook.
Finally, research and select at least one case from an outside source to support your resolution to the ATV case. Your answer should be a minimum of 500 words. Cite any direct quotes or paraphrased material from these sources. Use APA format to properly reference your information.
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REQUIREMENTS
Answer preview…………..
Dispute resolution is one of the conflict resolution methods that requires complete compliance from the parties, especially concerning the procedural aspects. In civil disputes, there are quite some procedures that parties must adhere to before the matter can be concluded in a manner that is pleasing to all the parties to the dispute. The first procedure is the filing of pleadings where both parties to the dispute present their sides of the dispute to be resolved (Avruch & Black, 2014). During the filing of proceedings, the plaintiff submits his or her complaints, and this is usually the commission or omission of an act by the defendant that led to the harm for which the party is seeking retribution. The other party accused of wrong usually referred to as the defendant in the matter is given a reasonable duration within which he or she is expected to respond to the claims from the aggrieved party………..
APA 860 words