Question

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.

Answer 1

answer-

I choose the first case, Woman is facing definitely sex discrimination so she has valid argument and high chances of winning the case under The Civil Rights Act of 1964 . this act is the federal act which prohibits employment discrimination based on race, color, religion, sex, or national origin. In this women can file in EEOC and EEOC will support her. There is clear fact that less experienced Male employee given promotion while she was passed over so there is no chance for Company to win this case in the court. so, She can brought lawsuit under employment discrimination to the company.

while in Arbitration, the decision can be in favor of Company because company can have high influence over the arbitrator. IF she believe that she had good strong case of sex discrimination then it is better to solve in court.

For second situation- Mediation would be best.

for third- law suit under product liability under tort act.