4 way crossove and ADR Essay Example | Topics and Well Written Essays - 750 words

4 way crossove and ADR - Essay Example The rates paid to the lawyer are also usually high but in a civil case, payment may be made on a contingent fee basis where Bob will pay the lawyer a certain agreed upon percentage of the damages. He has the options of seeking state-provided lawyers who work on a pro-bono basis but this may take a long time for his case to be heard. The decision of the plant shop owners will be determined by Bob’s decision. If Bob decides to press charges and go to court, then the shop owners will have no alternative but to seek the services of a lawyer as well, but if Bob wants an out of court settlement, then the plant shop owners and Bob can chose and Alternative Dispute Resolution (ADR) which may involve a lawyer (s) or not. This is a pre-trial process where one party obtains evidence of what the other party has concerning a case. It can be done using several ways like depositions or interrogations and in the presence of lawyers. This can lead to avoid necessary court processes and the case can be resolved by the parties after the discovery. There can be production of documents or things like cameras (if any) showing evidence of the fall, the witnesses can be subpoenaed with requests to admit or deny the fall happening and Bob getting injured and also depositions where Bob can under oath affirm the plant shop incident. The different forms of discovery mentioned above are significant if evidence of the fall and the injury is to be found and be strong enough to warrant payment to Bob. Production of documents provides physical evidence, subpoenas also provides eye-witness evidence which is necessary to back Bob’s claims or refute them and finally depositions just like court testimony will ensure Bob is not lying when he tells the account of what happened and how much he used in hospital or the emotional pain he has undergone as a result of the fall. Yes. As mentioned above, the witnesses can be subpoenaed (which is a writ