Law and Dispute Resolution
Law and Dispute Resolution
Dr. Michelle Beshears
I’ve heard it said, “Just like “minor surgery” is everyone else’s but your own, “frivolous lawsuits” are all those but your own.” This is what comes to mind win I think about law a dispute resolution.
Keeping this in mind, a core function of the law is the orderly resolution of disputes. Disputes are ubiquitous in every society and there is a variety of dispute resolution methods. For legal disputes, there are two principal forms of resolving legal disputes: through negotiation or through adjudication. The process of negotiation/mediation/arbitration is often referred to in law as alternative methods.
Meaning an alternative to going to court. Adjudication usually entails a lengthy, stressful and costly process comparability speaking to negotiation/mediation/arbitration. This is why the primary dispute resolution process can be depicted on a continuum ranging from negotiation to mediation, to arbitration, to adjudication. Negotiations take place when disputants seek to resolve their disagreements without the help of a third party. Mediation introduces a neutral third party between the disputants. In arbitration, the third party assists the disputants through a final and binding decision.
Adjudication is a formal and public method of dispute resolution, such as through court. For a dispute to be heard in court, plaintiffs must demonstrate justiciability and standing.
“What is justiciability“.
Excellent question! This will provide the answer.
What does justiciable case mean?
“Okay, so what is standing”.
Again an excellent question! This will provide the answer.
Typically disputes between individuals and organizations can involve economic matters, damage claims, restitution, civil rights issues, and organizational policy, rules, and procedures. Much of the litigation involving individuals and organizations involve a credit-debtor relationship. When non-legal methods are exhausted, organizations turn to courts to obtain judgments, liens, or garnishment of wages.
My husband and I have had personal experience being a plaintiff in a civil lawsuit relative to damage claims pertaining to the installation of an in-ground swimming pool. Even though the ruling was in our favor, the experience was lengthy, stressful and costly. To make a long story short. The legal remedy sought was finally achieved via civil litigation on April 9, 2009, after four years of constant legal continuousness on the part of the defendant’s attorney to delay the case. The court findings (on public record) ultimately rendered a judgment in our favor in the case of Michael Beshears and Michelle Beshears versus Shawn Wilber, individually and doing business as (dba), Paradise Pools and Spas, Incorporated.
The judgment rendered by the court was for full monetary restitution, attorney, and court fees. In brief, the judgment rendered reflected that the defendant Shawn Wilber individually and doing business as, Paradise Pools and Spas, Incorporated, fraudulently deceived and misrepresented various constructional items in statements made and acts performed relevant to the installation of an in-ground swimming pool, which was improperly installed on the plaintiff’s property.
This is also an example of white-collar crime, as the defendant was found to be at fault, as an individual, and as a corporation. In that, he used his occupation and position to commit intentional fraud for the sole purpose of profiteering based on intentional deceit and deception for personal and organizational gain.
“What are the steps in a civil lawsuit professor“.
Excellent question! Here are the steps.
In closing, collecting was another matter. Even though, my husband and I won the lawsuit collecting was another matter. The process began in an attempt to collect $61, 000, as the cost to repair the pool and another $20, 000 in attorney fees. My wife and I placed a lean on the title of the real property owned i.e., personal residence, business location, and undeveloped property. We also began the process of freezing all bank accounts private and business in the local community and surrounding area. In addition, the local Sheriff’s office was contacted to seize assets both personal and corporate to be sold at a Sheriff’s public action.
Dr. Beshears has earned two baccalaureate degrees one in social psychology and another in criminal justice. She also has two graduate degrees one in human resource development and another in criminology from Indiana State University. She has also earned her Ph.D. in Business Administration with a specialization in Criminal Justice from Northcentral University. Dr. Beshears served in the U.S. Army for 11 years. She obtained the rank of Staff Sergeant prior to attending Officer Candidate School at Fort Benning, Georgia where she earned her commission. As a commissioned officer. Dr. Beshears has led numerous criminal investigations and worked with several external agencies as well. As a civilian, she has worked with the local sheriff’s department, state drug task force and FBI. Dr. Beshears resides with her husband Dr. Michael Beshears, their son Hunter, and daughter Malia near Norfork and Bull Shoals Lakes, in Clarkridge, Arkansas. She also has three beautiful grown stepdaughters, Michele, Cora, and Mollye.
Peer-reviewed Publications include:
Beshears, M. L., Beshears, M. L., Weiss, D., & Crocker, C. D. (2017). Sex Offender Community Notification Law Reform: A Call for More Active, Consistent, and Detailed Information about High-Risk Offenders. International Journal of Social Science Studies, 5(5), 71-78.
Beshears, M. (2016). Neighbors of registered sex offenders: A qualitative analysis of their lived experiences. International Journal of Law, Crime, and Justice, 48, 40-49.
Beshears, M. (2015). Evaluating Lived Experiences of Those Living Next to or Near Sex Offenders (pp. 116). ProQuest Dissertation Publishing.
Presentations Include:
Presented at the 2018 Convention of the Academy of Criminal Justice Sciences on February 17, 2018, in New Orleans, Louisiana; entitled, Social Media Use: A Tool for Solving Crimes and Building Community Relations. Co-presenters were criminal justice professors, Dr. Mike Beshears, and Dr. Mark Bond.
Presented at the 2017 Convention of the Academy of Criminal Justice Sciences on March 24, 2017, in Kansas City, Missouri, entitled, Sex Offender Community Notification Law Reform: A Call for More Active, Consistent, and Detailed Information About High-Risk Offenders.
Presented at Oxford University, London (video conference). Topic – Black Lives Matter: Social Justice 2.0 September 26, 2017. The lecture was live-streamed to graduate students in the sociology program and their professor. Co-presenters were criminal justice professors, Dr. Michael Beshears, Dr. Mark Bond, and Nicole Cain (Ph.D. c).
Beshears, M.L., & Beshears, M.L., (May 7, 2014). Sloan C Discussion. “Briefing of 7th Annual Emerging Technologies for Online Learning International Symposium,” APUS, Adobe Connect – Phone and Online.
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