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.