LEG100 Week-2 Discussion
Today, there are several options for people who want to pursue a legal claim. This includes filing a lawsuit in court, but also includes alternative forms of dispute resolution (referred to as ADR) such as mediation and arbitration. In both mediation and arbitration, the dispute is resolved outside of court, with the main difference being that mediation requires the parties to voluntarily agree to a resolution, while arbitration requires the parties to abide by the decision of a private arbitrator.
For this discussion, choose one of the disputes listed below and explain whether you think the best way to resolve it is through a lawsuit, mediation, or arbitration.
- A woman is passed over for promotion and instead the job is award to a man with less experience. She believes that this is a case of sex discrimination.
- A truck driver is hit by a motorist who ran a stop sign and will be in the hospital for several months and does not have any savings or disability benefits.
- A child is injured when a very popular folding high-chair collapses, and it appears that the high-chair was improperly designed and unable to reliably support the weight of the average infant.
For Week 2 discussion, I chose the dispute of, A woman is passed over for promotion and instead the job is awarded to a man with less experience. She believes this is a case of sex discrimination, I agree with her; this is an example of Sex/Gender discrimination. This continues to be an issue in society, where women are passed over for promotions because of their sex/gender, and sometimes men are faced with the same problem, but the majority of the time women are the victims. Fear of retaliation and embarrassment has kept some women from speaking up about the issue. but there are federal laws that protect the victims who experience discrimination based on their sex/gender.
In my opinion, I believe the best way to resolve this dispute is through arbitration. Taking this approach would be faster, inexpensive and is more confidential and private than mediation or lawsuit. Also, individuals involved in the dispute, have fewer options to appeal an arbitration.