Provide which ADR(Alternative Dispute Resolution) option would work best in all

Question

Provide which ADR(Alternative Dispute Resolution) option would work best in all of the given situations and why you feel that way. And submit.

A rather wacky scientist comes to your office and complains that MegaBuck Manufacturing’s new product, the “Whatchamacallit,” infringes on his patent for the “Thingamajig,” his prized invention. Whatchamacallits (not the candy bar) are selling like crazy right now, but everyone knows that they are a fad for teenagers and the popularity won’t last long. After doing your research and consulting with several experts, you are convinced that the Whatchamacallit really does infringe on the Thingamajig patent, but the infringement is so technical and complicated that it will be very difficult or impossible to persuade the average juror. In addition to the problems persuading the jury, you know that patent litigation will take years and cost a fortune that your client probably doesn’t have. MegaBuck Mfg has completely denied liability for the infringement and you don’t think they will voluntarily acknowledge that they owe your client damages. You consider filing suit and asking the trial judge to refer your case to ADR. What ADR method would you recommend and why? What are the strengths and possible weaknesses of ADR in a situation like this one and how would you advise the parties when preparing for ADR?

Explanation / Answer

In this specific case of arbitration would be the most proper type of method that could be implemented for the conflict resolution. By implementation of arbitration in this is specific case availability of arbiters would increase the chances of communication between both of the organisation which is currently almost stop. Implementation of search strategy also increases availability of legal ramification for the company as they have directly violated the patent. Depending on ADR and decision of the arbiters , outcome can be easily implemented for betterment of both of the what is reducing the overall cost involved in Operation as well as creating a better result for the specific problem.

Main strength of this type of arbitration us go to the parties have legal enforcement of the specific result in the court of arbitration ADR can be enforced later in court. This type of approach also keeps the overall cost of conflict resolution low as compared to the litigation and taking the matter to the court for hiring top class attorneys for ramification of the conflict.

Main weakness of this type of ADR is that arbitration is binding to both other side leaving no room for right to an appeal. There is no specific opportunity to correct any error in arbitration decision.

In this is specific case if anything goes wrong for the patent or any erratic term is entered in the specific arbitration process then the final decision cannot be revoked as it is legally binding for both of the parties and can be imposed in cold as well.

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