Project #26225 - Memorandum of law

SCENARIO: Â—  Debbie Evans comes to your office because she wants to marry a man who is already married. She tells you that the married man and his wife, Aaron and Barb Conway, are waiting outside. The three of them want to be married to each other.

—  The three already sued Canyon County, Utah, where they live, in order to receive a marriage license, but lost the trial case. The trial court stated that Utah's anti-bigamy statute was not unconstitutional. All three parties now want to appeal. They believe they have a fundamental right to be married.

—  The Conways, along with Debbie Evans, are members of a sect that believes in marriages wherein one man has multiple wives.

 

Using the case scenario you will be using for your final project, discuss settling a dispute through ADR. Imagine that the client(s) from your scenario had come to your office before filing suit at the trial court level. Would ADR — specifically either mediation or arbitration — work well for your scenario? Compose specific, well documented reasons supporting your position.

If your position is that ADR would be a good strategy in your scenario, write a detailed explanation of how your chosen procedure of mediation or arbitration, or both, would take place. Be sure to include some discussion as to what the opposite side might want, and why, again using specific case facts to support the opposing position. You can then apply mediation or arbitration, or both, to your scenario. Think in terms of an obstacle that the disputing parties will have to overcome. First, do some research on the relevant area of law. Include rules, roles of parties, etc. Briefly discuss how a mediator or arbitrator would be chosen. Be sure to identify the advantages and disadvantages of your procedure as opposed to litigation.

If your position is that ADR would not be a suitable strategy for your scenario, write a detailed explanation in support of that position. First, do some research on the relevant area of law. Explain briefly how mediation and arbitration work in general, and then explain generally what the goals should be for ADR participants as well as what types of parties are typically well-suited for engaging in arbitration or mediation. Then, think of a different example scenario in which disputing parties could benefit from arbitration and/or mediation. Explain why ADR would be a good fit in that example and how your case scenario (bigamy or same-sex marriage) differs from this example in that regard.

Format your Assignment as a memo to your attorney.

This paper should be 550–700 words long. 

Subject Law
Due By (Pacific Time) 3/30
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