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Essay / Analysis of the Legal System and ADR - 647
The Legal System and Analysis of ADRAlternative dispute resolution (ADR) and traditional litigation are different types of means of resolving legal issues. Traditional litigation can be very expensive and often takes long periods of time. ADR offers businesses the opportunity to resolve a legal matter within a reasonable time frame and sometimes without the exorbitant cost of litigation. The case detailed in this article is Kovalchick v. South Baldwin Hospital, which used traditional litigation but was overturned on appeal as the hospital may wish to examine the benefits of ADR. Various steps exist at the state level when filing a complaint against an organization. Shirley Kovalchick first filed a workers' compensation lawsuit against South Baldwin Hospital after suffering a heart attack. The hospital must file a response in response to the complaint. In the response filed by the hospital, they categorically denied Shirley Kovalchick's allegations and asked the judge for summary judgment, which ended the lawsuit without a trial. Summary judgment may be entered when the court determines that no dispute exists as to a material issue or fact (Cheeseman, 2013, p. 47). The next step in this case is to appeal where the higher courts have determined that the lower courts should have considered the evidence before granting summary judgment. The higher courts referred the matter to the lower courts for investigation. The next step in the state's justice system is the discovery process. During this process, Kovalchick and South Baldwin Hospital will participate in the process to uncover the facts of the case from all parties involved as well as witnesses (Cheeseman, 2013, p. 45). A deposition is one of many tools ...... middle of paper ...... filled with the decision, they can appeal said decision and take the case back under the litigation system. In the case of Kovalchick v. South Baldwin Hospital, arbitration could prove very beneficial to both parties involved. This ADR will reduce costs for the plaintiff as well as the hospital, not that cost is a concern for the hospital, but negative publicity can hurt the hospital in the long run. In conclusion, ADR is a tool available to people involved in legal disputes to resolve their differences without all the hassle that a trail entails. References Cheeseman, HR (2013). Business law: legal environment, online commerce, business ethics and international issues (8th ed.). From the University of Phoenix eBook collection. Legal case. (1999). Nursing, 29(3), 25. Retrieved from http://search.proquest.com/docview/204560046?accountid=458