Legal System and Adr Analysis Memo

Legal System and ADR Analysis Memo

Kathi Davis

LAW/531

October 6, 2014

David Weischadle II

The Legal System and ADR Analysis Memo

To: Mr. Craig Macken

From: Kathi Davis

RE: Small Claims court proceedings

Dear Mr. Macken,

This memo is in regards to the questions you had regarding the outstanding bills for a patient that was transported from their residents in Terre Haute, IN to Union Hospital, also located in Terre Haute, IN.  Plus Care is a privately owned ambulance service located in Terre Haute, IN.  On February 15, 2013 the patient's family called requesting an ambulance to their residence at 1354 7th Ave for a unconscious 25 year old.  Upon arrival the Medics determined that the patient had taken an unknown amount of prescribed Dilaudid.  They were able to find several open and empty prescription bottles so they treated and transported the patient emergent to the Emergency Room.  This patient has five outstanding bills that add up to more than $13,000.  With the rising costs of litigations and the amount of time that it may take to get a settlement or to go to court I have enclosed several other means of settling our issue.

Alternative Dispute Resolution

According to the definition of Alternative Dispute Resolution, any means of resolving disputes besides litigation, I suggest we start with negotiations.  If we could speak with the guarantor of the bill either in person or over the phone we may be able to negotiate either a payment plan or settle for a smaller amount that will satisfy the expenses of taking him to the hospital but not leave us with a loss of income.  According to Cheeseman, "negotiation is a procedure whereby the parties to a legal dispute engage in discussions to try to reach a voluntary settlement of their dispute. Negotiation may take place either before a lawsuit is filed, after a lawsuit is filed, or before other forms of alternative dispute resolution are used" (Business Law, pg 52).  Other ADRs that can be considered would be mediation where a certified mediator sits with both sides to help improve communications, offer other means of settling, and avoid further conflicts.  One of the negatives of these means is that if we negotiate for a smaller pay off we sacrifice some of the expense for the transport.  If we meet with a mediator there is a chance that we may have to pay for those services, which is another added expense.  

Small Claims Court

According to the courts.IN.gov, in order to be seen in small claims court the claim cannot exceed $1,300.  So in order to proceed here we will need to take a huge hit since the outstanding due to us is over $13,000.  In small claims court we would need to file the paperwork and serve the defendant a summons by certified mail or by person.  Either way we need to ensure that a receipt is provided to show that the defendant did receive the summons.  Once delivered, we would proceed to the appearance, where the defendant could if appropriate file a counter claim.   After this we enter into the pre-trial settlement phase and if nothing is settled we go into a hearing where if we win we could also be awarded the costs of going to trial which includes filing and lawyer fees. ("courts.IN.gov, 2014)