Question

Write: In your initial post, please fully and directly respond to the following: In many aspects of business, a manager can choose to include an arbitration or mediation clause to govern

disputes, such as with customers and employees, or can leave that out and use litigation. What are the pros and cons of such alternatives in regular business practice? Your initial post must be at least 200 words. If you are citing statistics or outside sources for your examples, please list the website or the reference entry./n1: Respond to Peers: By Saturday, respond to at least two of your classmates' initial posts. Your peer responses should be substantive and at least 100 words each. Demonstrate your understanding of the topic by respectfully asking questions, raising new points for consideration, or requesting clarification from your fellow students. For example, you may want to compare your real-world examples to those of your classmates, see how they are similar or different, and discuss why. Going through litigation can be a lengthy and costly process. Depending on the situation, it would only make sense for a business to choose an alternative dispute resolution. In non-binding mediation, if the mediator's recommendations are not satisfactory, the parties involved can decide to take legal action through the court system. In binding mediation, all parties Involved are bound to the agreed upon resolution. Both forms of mediation offer convenience, confidentiality, and a faster solution to the proposed dispute. Binding mediation has a disadvantage; a mediator can unfairly work in the favor of one party opposed to the other based on personal bias. Because it is binding, whatever the end solution is, there is no further way to argue it. With non-binding mediation the unsatisfied parties can still push for legal action and are not forced to sit with an outcome that does not benefit them. Arbitration offers a similar approach, but instead of hiring a mediator, the parties involved can choose an arbitrator who specializes in the dispute at hand. A benefit to this is the arbitrator has specialized expertise and experience and will be able to come to a less blased solution for the parties involved. Because of this, the process tends to be in a more formal setting. still offering convenience and confidentiality for the parties involved. This process can be a little more expensive than informal mediation and tends to be binding so following arbitration with legal action may be difficult or unavailable. Both forms of alternative dispute resolution are great options for smaller disputes within the workplace due to convenience. cost effectiveness, and confidentiality. For bigger issues at hand going through litigation might be the best option. 2: I believe mediation is an important aspect of our society and the legal system, Many court cases are back logged for months, and it puts a strain on the legal system. Litigation is also very costly, an average attorney is about $350 dollars per hour, and normally requires a hefty retainer. The litigation process is lengthy and requires an attorney presence at every step of the case, from the initial hearing all the way to the judgement. All of these factors make litigation very costly and time consuming. Mediation, Arbitration, and Negotiation on the other hand is far less time consuming and costly. Alicensed mediator might only cost 150 dollars per hour vs the 350 a business will have to pay an attorney. Also the professional that practice ADR are trained to efficiently solve disputes quickly. An attorney on the other hand can prolong a case and drain opposing counsel financially, by filing motions for a continuance and other legal motions called dilatory tactics. From a business standpoint, arbitration is an easy and cost efficient means to disputes, it prevents high dollar lawsuits and class action sults as well, and generally solves problems efficiently. The only downside i can see to arbitration is if an arbitrator makes a final judgment, the business does not have the same legal rights through the appellate process as in normal litigation.

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