Question
The US legal system is quite complex, to the point that the help of a lawyer is needed in order to navigate the system with
The US legal system is quite complex, to the point that the help of a lawyer is needed in order to navigate the system with any degree of confidence.Litigation in the US courts takes years to produce a final result and the costs of litigating are large.Alternative dispute resolution procedures such as mediation and arbitration are available to help mitigate these concerns.
As discussed, the US as a nation has always been oriented toward justice and fairness for individuals.Not surprisingly, the US legal system is tilted toward justice and fairness, at the price of reduced efficiency, speed and cost.The ADR procedures mentioned each involve a balance point shifted more towards efficiency, speed and cost, some would argue at the price of reduced justice and fairness, at least for the common man.
Give some thought to the proper point of balance between justice and fairness, on the one hand, and efficiency, speed and cost, on the other hand.Consider the question from both your perspective as an individual and your perspective as a businessperson.Discuss your views concerning the proper balance point between these dueling considerations and where you think litigation, arbitration and mediation fall in relation to that point.Do you think our legal system in offering these options for dispute resolution provides a good set of choices, or are there other choices that you think would be beneficial if offered?
Each student must make an initial thoughtful post of at least three hundred words
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