The Legal System and ADR Analysis Alternative dispute resolution (ADR) and traditional litigation are different types of ways to resolve legal issues. Traditional litigation can be very expensive and often drags on for long periods. ADR offers companies the opportunity to resolve a legal matter in a reasonable period of time and sometimes without the exorbitant cost of a procedure. The case detailed in this paper is Kovalchick v. South Baldwin Hospital, which used traditional litigation, but reversed on appeal the hospital may want to look at the benefits of ADR. There are several steps at the state level when filing a lawsuit against an organization. Shirley Kovalchick first filed a workers' compensation claim 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 claims and asked the judge for summary judgment, which ended the lawsuit without trial. A summary judgment may be issued when the court determines that there is no dispute over the issue or material fact (Cheeseman, 2013, p. 47). The next step in this case is to file an appeal in which the higher courts rule that the lower courts should have examined the evidence before issuing summary judgment. The higher courts sent the case back to the lower courts for trial. The next step in the state court system is the discovery process. During this trial both Kovalchick and South Baldwin Hospital will participate in the trial to discover the facts of the case from all involved parties and witnesses (Cheeseman, 2013, p. 45). A deposition is one of many tools... middle of paper... depending on the decision they can appeal and take the case back through the litigation system. In the Kovalchick v. South Baldwin Hospital case, arbitration could prove to be very beneficial to both parties involved. This ADR will keep costs low for both the plaintiff and the hospital, not that costs are a concern for the hospital, but negative publicity could hurt the hospital in the long run. In conclusion, ADR is a tool available to those involved in legal disputes to resolve their disputes without all the hassles that come with a trail. References Cheeseman, H. R. (2013). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues (8th ed.). Excerpted from the University of Phoenix eBook Collection. Court case. (1999). Nursing, 29(3), 25. Retrieved from http://search.proquest.com/docview/204560046?accountid=458
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