Civil and Alternate Dispute Resolution Process Essay

The process of dispute resolution follows certain procedures which both parties are bound to follow. In the civil litigation, there are certain steps that the parties must follow for them to come to a conclusion and know how best to handle their case. The first step is pleadings where both sides file original papers explaining each parties side of the dispute (Avruch, 2013). In this process, the plaintiff files the complaints as to what the other party did not do to cause the harm to the party. The defendant in this step is given some time to answer to the plaintiff on the matter in question. Discovery is the next step which involves the gathering of information that will help determine the case and who may have done what. Both parties have their views on the matter and therefore thorough investigations must be done to bring meaningful information to the table. In this step, third parties and other witnesses are questioned. The next step is the trial process where the parties present evidence in support of their claims or defenses to a judge (Avruch, 2013). After the decision is made, not every party is satisfied with the outcome and may file an appeal to return the case back to court for further investigations.

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Considering the above steps in the conflict solving process, Pete and ATV have both explanations and complaints to make to ensure they justify their case (Fisher, 2012). Pete being the guy with the accident will have to bring out claims that will provide his compensation by the manufacturer. When Pete bought the vehicle, there could be an agreement with the manufacturer that would protect him when using the car. In the case of the accident, Pete could have over speeded but will come to complain to the company that their model had defects (Mikael, 2015). Pete will stand by the point he was not over speeding, but it is the stability of the vehicle that made him the role. On the other hand, the ATV manufacturers will stand by the fact that the vehicle had no defects and that it was built to its full standards. When a vehicle leaves the manufacturer, it is well maintained and safe for use by the customer. The stability of the vehicle is of the highest order unless a customer misuses the advantage and speeds up the vehicle around corners leading to possible accidents.

Conclusion

If I were Pete`s lawyer, I would advise on conflict resolution on an interest-based relationship approach which ensures that despite Pete being the plaintiff, there should be a mutual understanding between the two parties (Mikael, 2015). Having listened carefully to both party`s evidence, I will advise Pete on the best way to phrase the complaint to win the ATV company and get compensated. The company may have sold the vehicle to Pete without giving clear indication and guidance on how well to handle the vehicle due to stability. Pete would have bought the ATV due to the advantage of stability and therefore when he was driving, he was assured of stability and safety which turned out to the contrary. The company, therefore, should compensate the plaintiff as the cause of the problem arose from them (Avruch, 2013).

References

Avruch, K. (2013). Context and Pretext in Conflict Resolution. New York: Routledge, https://doi.org/10.4324/9781315635446

Mikael, B. (2015). Kevin Avruch, Context and Pretext in Conflict Resolution: Culture, Identity, Power, and Practice, Peace Review, 27:1, 108-110, DOI: 10.1080/10402659.2015.1000202.