Find out that your legal claim is not that strong

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Question: As discussed in your reading, Alternative Dispute Resolution (ADR) takes on many forms and has become an increasingly popular alternative to the court system in our litigious society, With that said, which form of ADR from Chapter 3 would you choose and why if faced with these three situations:

(1) Your company has recently received a letter from a potential plaintiff who is planning on suing you for slipping and falling in one of your stores. You believe that you have a great legal defense against the plaintiff's claim and that the plaintiff is attempting to bring a frivolous lawsuit. Despite your strong confidence in your legal position, you are concerned that juries often ignore the law and still award large judgments even in seemingly frivolous lawsuits and if your company somehow did lose this lawsuit, the company would go out of business.

(2) You are involved in a dispute with another party and you believe that you have a 50/50 chance of winning. The potential plaintiff is seeking $250,000 against you, which is a fraction of the cost of your entire company. If you instead litigated the case and it went to trial, then you would be facing close to $250,000 in attorneys' fees.

(3) You are involved in a dispute with another party and you are considering filing a lawsuit against them, which you have conveyed to the potential defendant. The problem is that you do not believe that you have a strong legal claim but you were harmed and suffered $20,000 in damages. You do not want the defendant to find out that your legal claim is not that strong and you are willing to accept less than $20,000 to settle the issue.

Reference no: EM133474581

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