Quiz 6: Dispute Resolution
The kind of Alternative Dispute Resolution (ADR) clause should MR.X include are explained below: The ADR clause states that in event of a dispute, the parties will negotiate it in belief, and take no additional steps for 30 days. While negotiation fails, an extra 30-day cooling-off period follows. The next step can be a mini-trial in the lead of three people, two of whom signify the parties, correspondingly, and third acts as a neutral mediator. Lastly, if mini-trial fails to produce a settlement, then parties will hire an arbitrator. Mr. X may require that arbitrator to be a national of neither TR nor the U.S country. Parties in arbitration renounce several additional rights that maintain litigants, including discovery and class action. Discovery permits the two sides in a court case to get documentary and other proof from opponent before dispute is decided. In addition, Mr. X should include " Mediator" of ADR clause, because he does not want any clause that will alienate his overseas partner. Therefore, he can research TR law and hire a mediator who is familiar with TR custom.
Litigation: Litigation refers to the rules and procedures of court system that resolve disputes that arise within two parties. "Mr. X would accept any of the offers" Explanation: Mr. X should accept the offer of $900,000, because it is difficult to predict the case judgment. The verdict can be in favor of B or in favor of the insurance company. If B wins in the case, she can claim the full amount from the insurance company. However, if suppose judgment might be in favor of the insurance company, then B will not be able to claim any amount from the insurance company. Instead of waiting for more years to know about the final judgment from the Supreme Court, it is better to accept any one of the offers ($900,000).
"Preponderance of the evidence" Preponderance of the evidence - The plaintiff's burden in civil court case. It must convince the board of judges that its version of facts is at "slightly more similar than defendant's version. "Burden of proof" is to verify civil trail case by preponderance of evidence. The "burden of proof" rests with Plaintiff. Hence, option is correct. In a criminal case, prosecution must exhibit beyond reasonable doubt that defendant is guilty. Hence, option C (Beyond a reasonable doubt; plaintiff) is incorrect in the given statement. In the civil cases, the plaintiff is burden of proof. Hence, option C (Beyond a reasonable doubt; defendant) and option D (by a preponderance of the evidence; defendant) are incorrect in the given statement.