Running head: FINAL PROJECT FOR BUS 206
Final Project for BUS 206
Dennis P. Seeger
Southern New Hampshire University
FINAL PROJECT FOR BUS 206
The appropriate court for this lawsuit depends upon several factors. Three important
considerations include the following: Personal Jurisdiction, Subject Matter Jurisdiction, and
Minimum Contacts. Personal Jurisdiction is defined by the courts ability to judge a specific
person or people in a geographical region. Chris, Matt, and Ian cannot be brought to court due to
a clause in their online agreement when people buy their product. Subject Matter Jurisdiction is
the courts ability to hear certain kinds of cases, in this case I think the state courts have
jurisdiction over the defendants since the plaintiff is in New York, but the case can only be tried
in Florida. Therefore making it a local case in Florida and under the jurisdiction of the state
courts. "Minimum Contacts is the law that requires courts to prove that a defendant has a certain
amount of presence in the geographical area, namely a state, where they plan to try or serve the
defendant."(Barkacs, et al. 2018)
Alternative dispute resolution (ADR) may be an option to resolve this dispute. "ADR is
the method of solving disputes in ways other than liquidation. Such methods include negotiation,
mediation, arbitration, summary jury trials, minitrials, neutral case evaluations, and private
trials."(Barkacs, et al 2018) Language on the Funny Face website appears to limit any claim filed
to arbitration as a means of resolving the dispute. "This is because arbitration is more efficient
and less expensive than litigation, parties have more control over the process of dispute
resolution through arbitration, the parties can choose someone to serve as the arbitrator who has
expertise in the specific subject matter, and the arbitrator has greater flexibility in decision
making than a judge has."(Barkacs, et al. 2018) "If a party wants to begin arbitration, it sends the
other party a written demand for arbitration. This demand identifies the parties involved, the
dispute issue, and the type of relief claimed. The opposing party typically responds to the
FINAL PROJECT FOR BUS 206
demand in writing, indicating agreement or disagreement with the claim that the dispute is
arbitrable."(Barkacs, et al. 2018) Unlike judges, who are bound by precedent, arbitrators
generally do not have to offer reasons for their decisions. Mediation is another form of
facilitate communication and suggest ways for the parties to solve their dispute."(Barkacs, et al.
2018)
"Mediation begins when parties select a mediator. Typically, a week before the
mediation, each party provides the mediator with a short brief explaining why it should
win. Attorneys, along with client representatives, then meet with the mediator. The
mediator first assures the parties that the proceedings are confidential, and the parties take
turns explaining the dispute to the mediator. One of the mediator's main goals is to help
each party listen carefully to the opposing party's concerns. The mediator asks the parties
to identify any additional concerns. This discussion is an attempt to