Legal System and Adr Analysis

The Legal System and ADR Analysis

University of Phoenix

Daniel Nieves

LAW/531

March 30th, 2015

Memo

To: Valerie Marlowe        

From: Daniel Nieves

Date: March 30, 2015

Subject: Citi Storage ADR possibilities

As you well aware of our impending issue with Citi Storage our record retrieval company, where we have threatened legal action due to the vulnerable nature in which they are transporting medical documentation. It seems that our legal team here at the hospital is prepared to void the contract and act upon our recommendation. Since your decision will be the deciding factor in determining the ramifications of our involvement physically as well as financially, I would just like to go over the legal process if deciding to take that route as well as some alternative dispute resolution options we could take in an effort to reduce any impending costs.

Although most cases do not make it to trial, we would need to be prepared in the event that the case would indeed one day lead to a courtroom. Despite the fact that Citi Storage was in breach of their contract, and would like to avoid going to trial, I wouldn’t believe that going through a lengthy litigation process of breaking a contract would be cost feasible for our department as well. The case could start out in a general jurisdiction trial court where all evidence and testimony would be recorded and stored. When a decision is rendered, the losing party could decide to appeal which would lead us to an intermediate appellate court, where appeals from trial courts are held. If this decision is appealed, then the case can be heard by the Supreme Court in New York. This would be a worst case scenario for us, as this would undoubtedly be a costly and lengthy process that could stretch over years. This could cost the hospital and thousands or even millions in legal fees and expenses.

Despite our conflict in the way Citi Storage is executing our contract, there are several other alternatives we can seek without stepping one foot into a courtroom. An alternative dispute resolution could be had, where a dispute can be resolved outside of a court judicial system (Cheeseman, 2013). We can try negotiations with leadership from Citi Storage, as to engage in talks that can allow us to seek an amicable settlement that both sides can agree on. Although attorneys are usually present, both sides usually speak in good faith while offers and counteroffers are presented.

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