Susan R Green LAW 531 May 26 2014 Denise Brown THE LEGAL SYSTEM AND ADR ANALYSIS 2
The Legal System and ADR Analysis Memorandum TO: Law Manager of Business Disputes FROM: Member of Court Systems DATE: May 26 2014 SUBJECT: Review Typical State Court System I am writing this memo in alignment with the case that I was assigned to involvement in the personal life of clients. My case involves my client Michael who would like initiate divorce proceedings from his soon to be ex- wife. The case issued in the court system and we have just initiated it court proceedings. The case details are as follows, Michael works as a CPA spokesperson and legal representative whereas her wife Veronica is also a working as a CPA. Michael and Veronica married for twenty-five years, however, personal problems lead them to file for divorce. The objective of the issue is business related; Michael has appointed as a business partner at his firm. He now holds five percent shares in it that equals to the total value of $2.5 million. Also, he had to pay the debt obligation of one hundred and fifty thousand dollars. The partnership according to his firm plainly specifies appropriate amount of interest that can be repurchased for objectionable grounds In addition to this, this lawful contract has restricted the deliberate disclosures of financial records covering returns from annual duties and remuneration of other partners. The alternative methods of dispute resolution that the couple in this case have selected is mediation. Mediation is a casual way of litigation where opposite parties attempt to work out a solution to settle their disputes. Michael and Veronica are definite to continue amicably as they are experienced enough to know the THE LEGAL SYSTEM AND ADR ANALYSIS 3
profit and loss or costs and benefits of the court proceedings. In reviewing the case, if the mediation fails and settlement have not reached among both parties, conventional divorce will be commanded along with the related rights of discovery and estimation Michaels partner shares. Both parties agreed to the terms and conditions and they are ready to face risks and uncertainties. My client has selected mediation for court proceedings because the partnership contract provides him worth for ownership in his firm whereas Veronica would need to provide impervious of other value she would not be able to collect for the mediation process. The process of ADR that will be more appropriate to pursue is shadow counsel. The objective of this process is keeping Michaels firm financial proceedings out from personal matters. If the divorce is not settled through mediation my client will have to pay both attorney journals along with other CPA and partners. Thus, the expenses would intensify to more than half a million. In conclusion, it is in my client's best interest to precede with mediation in his divorce proceedings. Mediation is the stress-free and minimum affluent process for both of the applicants. It would be applied to inquire from Michael and Veronica about the regulatory value of resources they possess for court cases. Please communicate with us in case of any query or if additional information required for the issue. Your suggestions are crucial for us kindly inform us if the report needs further improvement Bibliography James, B. (2007, July). Mediate . Retrieved from www.mediate.com.