Lawsuit Recommendation Paper

Lawsuit Recommendation PaperNameInstitutionInstructorCourseDate Lawsuit Recommendation PaperDefending the Suit in CourtThe court process is one way of addressing disputes where the plaintiff goes to court to report and seek justice for any actions carried out by the defendant that may have caused negative effects in the plaintiff. When faced with a lawsuit, defendants are faced with the challenge of defending themselves against any accusations by the plaintiff (Pozgar, 2014). During the court process, both parties are allowed to air their arguments where the court based on the provided evidence makes a final decision. One of the advantages of going to court is that both parties receive a fair judgment, as the judge is not interested in the affairs of either party (Pozgar, 2014). The court process also analyzes all aspects that led to the actions taken by the defendant as well as how the plaintiff might have contributed to these actions. This is important in providing peace of mind to all parties. However, the court system has also some disadvantage to the plaintiff who is required to provide adequate evidence and proof against the defendant (Pozgar, 2014). This may be a complex process requiring more resources. In some cases, the judge may term the provided evidence as insufficient nullifying a case where an actual offense happened negatively affecting the plaintiff. The court process may also take a long time due to other cases going on and the collection of evidence to support the ongoing case (Pozgar, 2014). Going To ArbitrationThe arbitration process is where both parties agree to take their disputes to an arbitrator who is responsible for analyzing the situation and making effective decisions to address the dispute. However, the most important fact relating to the arbitration process is that all parties involved must agree (Goodwin, 2016). Parties are also not able to withdraw from the arbitration process. The arbitrator party is usually a disinterested party who may not be influenced by either party. The arbitration process is beneficial since it minimizes the cost involved in court proceedings by paying lawyers and other expenses incurred in the collection of evidence (Goodwin, 2016). This process also uses limited time, as one sitting may be adequate to settle any disputes compared to other forms of settlements that may require a number of sittings and meetings to address the arising disputes. This process has also been indicated to avoid hostility between the parties involved because the parties are encouraged to participate in the development of an effective solution that creates peace between them (Goodwin, 2016). However, this process has also several disadvantages that include the lack of transparency and openness since most of the arbitration hearings are held in private settings compared to court cases where all those who are involved are included with the case being held in an open court room (Goodwin, 2016). The arbitration process is also unfair due to its “take-it-or-leave-it” aspect that has been indicated to work in favor of large corporations when involved in a dispute with a less powerful organization.Going To MediationThis is a dispute settlement option where a mediator is used to address the concerns of the conflicting parties. The mediator sets up a meeting with the parties to discuss the issues and develop an effective strategy to address some of the concerns that might have led to the dispute. This process is voluntary where the parties involved willingly participate in the mediation process (Pozgar & Santucci, 2018). The mediation process has several advantages that include all parties have control on the final decision which allows the parties to approve any decisions developed related to the dispute. This process is also less costly compared to going to court where a large number of resources are required to settle a dispute (Pozgar & Santucci, 2018). The mediation process is also beneficial in safeguarding the relationship between the parties involved since they all participate in developing effective decisions that are fair to all parties (Pozgar & Santucci, 2018). However, going to mediation has also several disadvantages that include amendment of the decisions at any time by either party that may affect other parties. Although this process may save a lot of time, if the agreement is not fruitful, the time invested and other resources would all go to waste (Pozgar & Santucci, 2018).Structuring a SettlementA structured settlement is a negotiated arrangement where a plaintiff or a victim agrees to resolve any dispute through a developed form of settlement that may involve monetary terms (Sweeney, LeMahieu, & Fryer, 2017). During the negotiations, the defendant may propose a structured settlement or the plaintiff may as well request for a structured settlement based on the damage caused by the defendant’s actions. This process requires both parties to agree on the proposed structured settlement (Sweeney, LeMahieu, & Fryer, 2017). This process is beneficial to both parties as they can be able to agree on the desired settlement structure that is fair to either party. This process may also lower the costs involved in settling a dispute as the parties may only be required to meet few times to negotiate on the desired settlement structure. However, there are also cons related to this process that include challenges in paying the accepted structured settlement (Sweeney, LeMahieu, & Fryer, 2017). This is because there may be no established actions incase a party fails to honor its pledges. In situations where the settlement is done on regular payments over a period of time, the plaintiff may not benefit due to inflation rates and taxation rates affecting the initial settlement. In case of a huge loss to a plaintiff, interval payments may prevent the plaintiff from solving any disputes effectively that requires a large number of financial resources (Sweeney, LeMahieu, & Fryer, 2017). Addressing the Hospital Board of DirectorsIn addressing the board of governors on the most effective approach to use, it is first to important to consider the surrounding factors related to the case. These include the costs of using the different approaches and the consequences of either approach (Pozgar, 2014). The best option would be arbitration since this is a quicker approach to address disputes as the allocated periods may be shorter compared to the court process and other approaches. The arbitration process also protects a company’s reputation since it is carried out in a private meeting outside the court (Pozgar, 2014). The final decision of the arbitration process is also easy to enforce, as there is no hostility between the two parties.ReferencesGoodwin, B. (2016). How to avoid malpractice suits related to APPs. Urology Times, 44(6), 40.Pozgar, G. D. (2014). Legal and ethical essentials of health care administration. Burlington, Mass: Jones & Bartlett Learning.Pozgar, G. D., & Santucci, N. M. (2018). Legal aspects of health care administration. Burlington, MA: Jones & Bartlett Learning.Sweeney, C. F., LeMahieu, A., & Fryer, G. E. (2017). Nurse Practitioner Malpractice Data: Informing Nursing Education. Journal of Professional Nursing, 33(4), 271-275.

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