Case Scenario:
Scenario 1
Casey’s infant daughter was injured when the nightshirt she was wearing caught fire. Casey explains that she has heard about alternative dispute resolution and asks you which type would result in a quicker judgment in her favor because she does not particularly want to go to the time and expense of a court action.
- Identify three types of ADR and explain the advantages and disadvantages of each.
- Select the type of ADR best suited for Casey’s situation and support your answer.
- The manufacturer involved in the ADR insists on a confidentiality agreement. Discuss the advantages and disadvantages of the company requiring a confidentiality agreement in which the parties agree not to disclose the terms of the settlement.
Scenario 2
Electro Cart manufactures electronic four-wheeled vehicles normally used by golfers to transport golf clubs and up to four people across the golf course. Referred to as low speed vehicles (LSV), the carts are capable of traveling up to a maximum speed of 15 miles per hour.
When Frank Brown, the president of the company, visited his father in an upscale retirement development in Arizona, he noticed many residents used golf carts to get around and visit other residents in the neighborhood. After talking with his father, Frank discovered that their golf carts were capable of going 25 miles per hour.
Electro Carts has also received requests for golf carts that would travel 35 miles per hour and meet regulations for street use.
- Are Electro's current vehicles subject to NHTSA regulations? Why or why not?
- If Electro manufactures carts capable of going 25 to 35 miles per hour, will they be subject to the NHTSA regulations? Why or why not?
- Using the state of Arizona, Florida, or your own state, find a state or other local ordinance that specifically permits or prohibits the use of LSVs on public roads and explain the provisions of the regulation.
- Discuss the pros and cons for allowing golf carts to use public roads.