You are working as a legal assistant for Tom Thomas and Associates. The managing attorney and your supervisor is Mark Martin. The firm handles a broad range of legal matters. It is also involved in many community activities. Attorney Martin is particularly proud of the mentoring he does with his legal assistants, involving them in every aspect of his cases as possible. 

 

Reggie Reynolds is an 17 year old who just graduated from Clarke County High School in New Town, Maryland.  Freddie Frederick owns a successful flower shop called Freddie's Flowers, located in Columbia, Maryland.   Freddie hired Reggie as a driver to deliver flowers.  Reggie used the Freddie Flowers van, which is decorated with colorful flowers and the shop's logo to make deliveries. 

 

One Friday, Reggie was planning to go to a pool party hosted by the Harts, one of the Clarke County High School families, to celebrate all of the graduates.  Just as Reggie was leaving work, Freddie asked Reggie to make a last-minute rush delivery. Reggie agreed and then realized that the delivery was in the same neighborhood as the party.  Reggie could make the delivery, go to the party and then bring the van back later that night.   Reggie said OK to the delivery, but didn't mention the rest of the plan to Freddie. 

 

 Reggie delivered the flowers and headed to the party.  The party was in full swing and everyone was having a great time.  The Harts were at the party and allowed some beer and hard seltzers to be served to everyone.  They gave each graduate a glass of champagne and made a toast to all the graduates. After they saw Reggie pull up in the van, they made sure he got some champagne and was included in the toast.  Reggie had a few beers and tried a hard seltzer or two before leaving to return the van. 

On the way back, Reggie was texting some selfies from the party to friends and didn't notice a red traffic light. He failed to stop at the red light.   The van ran into a small car which was stopped ahead of him at the light, causing a lot of damage to both vehicles. Fortunately, both vehicles were insured because the driver, Mini Smith and passenger, Sam Smith looked injured. Reggie was dazed but saw a police car pulling up and panicked.  Reggie ran from the police and the scene. He was eventually caught about a block away. 

 

Reggie needs legal representation. He contacted Mark Martin for help.  Martin has agreed to represent Reggie and had asked me to research this matter.

 

It turns out that all of the defendants have insurance with American's Best Insurance company.  Freddie Flowers, Inc. has insurance that covers its business and vehicles, Robert Reynolds is covered on his parents car insurance policy.  The Harts have home-owners insurance issued by American's Best.   American's Best wants to resolve the Smiths claims at once and try to facilitate resolution of the lawsuit through alternative dispute resolution.  American's Best has asked Attorney Martin to give some advice about which method is best for them. 

 

Attorney Martin has asked me to do some research on alternatives to litigation.  

 

What are four appropriate alternatives to litigation

How does each of the types varies; and

Which alternative would be best in this matter and why?

 

Please provide references used and/or see the following:

https://www.opm.gov/policy-data-oversight/employee-relations/employee-rights-appeals/alternative-dispute-resolution/handbook.pdf

https://lawshelf.com/videocoursesmoduleview/introduction-to-alternative-dispute-resolution-module-1-of-5

https://msa.maryland.gov/megafile/msa/speccol/sc5300/sc5339/000113/012000/012580/unrestricted/20100456e.pdf

https://mdcourts.gov/district/adr/home

Answer rating: 100% (QA)

Four viable alternatives to a lawsuit might be as follows 1 Mediation is a private talk about complaints and disagreements between parties mediated by various impartial persons instead of going throug... View the full answer