Legal Dispute Resolution Process and Alternative Dispute Resolution Mechanisms - Essay Example

Legal Dispute Resolution Process and Alternative Dispute Resolution Mechanisms Legal Dispute Resolution Process and Alternative Dispute Resolution MechanismsIn the litigation process there are several factors that determine the conclusion of the trial. There is the evidence, the witnesses, the responsibility of both sides and the judges and jurors. When it comes to Alternative dispute resolution techniques, there are four of them; positional bargaining parties are trying to end a dispute by law, facilitation resolution through various forms of a mediation to settle disputes, seeking resolution through arbitration and various other forms of decision-making, binding or not.

In some cases, there are companies involved in the case. Those cases are not so simple as it seems. The stakes are much higher, evidence often contradictory and the laws of several states are applied.Almost never the two parties, the defendant and the prosecutor are not from the same country, and then are applied so-called mixed-laws.There so, one of the biggest companies, Microsoft was involved in numerous high-profile legal matters, including cases against United States, European Union and various competitors, like Alcatel, Apple, Burst and Eolas.

In all these cases, there was a trial because of errors mostly business managers, who were unwittingly giving names of products which have something with other peoples technology or for stealing other peoples technology, naming them as their own. Business Manager is required to know how and what to do when it comes to litigation must know the basics of the legal system of each country, especially the state of its rivals.Thus, the business manager of the Microsoft case against Eolas should know that for his company that trial is not worth it, and he should prevent it.

Under the laws of rival’s state, judgment was in favor of Eolas, and Microsoft has lost 521 million dollars. In these high-profiled cases, business managers should know what his company can gain, and what it may lost. Because of that, he must know the basics of every lawsuit his company can be turned in. REFERENCESWikipedia. Wikimedia Foundation,( 05 Sept. 2012.), "Microsoft Litigation." Web. 14 Sept. 2012., retrieved from WEB .