The case between Pete and ATV manufacturer requires a dispute resolution (ADR) process. When parties are involved in a dispute to determine who is right, there is normally a problem of reaching an agreement. Nonetheless, there are ways that they can solve disputes, and this can involve having a mediator who focus on the interests, concerns, needs and the desires of the parties involved ( Kubasek et al, 2016 ). In this case, Pete was severely injured and he is blaming ATV Manufacturing, who are not willing to bear the responsibility.
Mediation Process
Pete should solve the case without litigation and mediation, which is the best alternative method of the ADR. Singer (2018) notes the process is more expeditious and less costly. Additionally, most people avoid litigation, but claim for compensation on personal injury claims using this method, as in the case. Moreover, ADR proceedings are collaborative, offering both parties an opportunity to understand each other’s case; therefore, come up with other creative solutions, which the court cannot impose legally. Through mediation, Pete and ATV manufacturing can select a mediator who will help in facilitating the settlement. Depending on the agreement, the mediation will consider the personal injury case by evaluating Pete’s demands and explore all the issues, which will help in coming up with amicable solutions. Moreover, the mediator will explore and evaluate the all the issues regarding particular parties and help them find meaningful adjustments that will be satisfactory (Kubasek et al, 2016).
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Pete’s injury is as a result of the car accident, thus using ADR will help in determining the responsible party as well as the total cost for compensation. For such as case, litigation can be expensive and lengthy, hence mediation process can be effective. Although, mediation is a non-binding system of dispute resolution, the mediator can help negotiate and settle an agreement between the two parties. Nonetheless, if the process fails, Pete can still opt for litigation before a court of law. Similar cases solved through mediation have managed to avoid delays, expenses, and formalities that are associated with litigation in trial courts. Thus, injured accident victim like Pete can recover money quicker by ADR. In this process, there is no appeal; therefore, the settlement will be faster, and cost effective. However, because of the challenges involved in the process, Pete should seek the services of an experienced personal lawyer who understands how the mediation process works.
Similar Cases
Pete’s case is similar in nature to other cases of car accident that have led to emotional distress to the victim. For instance, in the dispute between Marimon v. Bradley case of 1988, Julie Marimon, who was a university student was involved in an accident with two vehicles. During the first case, she had serious accident, while on the second accident she was rear-ended. Although Marimon did not suffer serious physical injuries in the two accidents, she suffered severe mental distress, leading to a development of anxiety and eating disorder. Due to the accidents, her life changed, and the case determined that the second accident was the cause of all this. Therefore, Marimon was awarded $790 for medical expenses and another $6,000 for the pain and suffering she was undergoing (Singer, 2018). This case was an example of ADR where mediation method was used. Consequently, Pete v. ATV Manufacturing can utilize the ADR method to reach an agreement and solve their dispute.
References
Kubasek, N., Browne, M. N., Herron, D. J., Dhooge, L. J., & Barkacs, L. (2016). Dynamic business law: The essentials (3rd ed.). New York, NY: McGraw-Hill Education.
Singer, L. (2018). Settling disputes conflict resolution in business, families, and the legal system , Second Edition. Boulder: Routledge.
