Abstract This paper discusses the advantages of taking alternative dispute resolution rather than legal action and the specific conditions under which it is more beneficial. This paper shows us that the advantages of alternative dispute resolution are not universal, nor automatic, but should be the result of early screening and careful decision making.
Contents:
Overview
Overview of Alternative Dispute Resolution
Reported Advantages of Alternative Dispute Resolution
Recommendations
Conclusion
From the Paper "Alternative dispute resolution describes the settling of disputes outside of a traditional legal arena (Legal Information Institute). Alternative dispute resolution can be used in almost any type of situation. This can include family, neighborhood, housing, and environmental disputes. Dispute resolution can be used in a number of business situations, including personal injury, employment, and consumer disputes (Center for Analysis of Alternative Dispute Resolution Systems). Alternative dispute resolution is also sometimes called dispute resolution or appropriate dispute resolution (Center for Analysis of Alternative Dispute Resolution Systems).
Alternative dispute resolution is actually a catch-all term that refers to a number of different processes used to resolve disputes. In reality, there are a number of different types of dispute resolution processes. These include arbitration, early neutral evaluation, mediation, a mini-trial, negotiation, neutral fact-finding, ombuds, private judging, settlement conferences, a summary jury trial (Center for Analysis of Alternative Dispute Resolution Systems), and conciliation (Legal Information Institute). Arbitration and mediation are the most common forms of disputer resolution (Legal Information Institute)."
This paper examines the effectiveness, in business, of utilizing various conflict system techniques in lessening the negative impact of arguments and disputes while at the same time encouraging nonviolent resolutions.
Abstract The writer of this paper details the various conflict system techniques available which allow concerned parties to integrate these methods and analytical abilities of dispute resolution by dispersing animated opinions, recognizing concerns while at the same time putting aside hard feelings. This paper contains an overview of the theoretical foundation for implementing conflict systems techniques. This paper examines the theoretical foundation behind the use of conflict system techniques which in effect allows the concerned parties to decrease differences while assisting them in simplifying the pertinent concerns of the organization through peaceful means. This paper discusses how the utilization of conflict system techniques, when applied correctly, particularly in business, lessens the influence of arguments and disputes and encourages nonviolent resolutions at the same time.
Table of Contents:
Introduction
The Application of Dispute Resolution Techniques
New Challenges Presented by the Application of these Techniques
Mediation
Arbitration
Conclusion
From the Paper "The process of mediation not only saves time but also avoids extravagant spending of financial resources. Normally, the process of mediation lasts less than one working day and can be arranged according to the party's convenience. Furthermore, the mediation course costs approximately 40% to 90% rates of settlement. In contrast to the courts, the charges of an attorney are comparatively less in the mediation process. In addition, other charges of defense such as the specialized witness costs, as well as the costs of deposition are also removed. Also, since the concerned parties do not leave the office at any point during the mediation process, the loss of work is substantially less and so is the loss of their income."
Abstract The paper reviews the manner in which the nations of the United States and Canada address illegal immigration, specifically at the northern US border. The paper looks at the major elements; laws, bureaucratic initiatives and legal sanctions employed by the United States to secure its northern border. The paper also looks at where the Canadian approach is similar and where it is markedly different.
From the Paper "Illegal immigration into America via its southern border has received a great deal of attention for a very long time. However, America also has a northern border about which it should be concerned because this border - the Canada-US border - is allowing into the United States people who constitute a grave threat to the lives of every-day Americans. With this in mind, the following paper will explore illegal immigration into the US via the Canadian border by looking at how each country deals with the problem."
Abstract This paper examines immigration issues as they pertain to the U.S.'s Mexico border. It is evident that throughout its history the United States has experienced continuous immigration, as American political freedom, religious tolerance, economic opportunities, and huge geographical size have combined to draw millions of people from all around the world to America in hopes of building better lives for themselves and their children.
From the Paper "In analyzing immigration issues as they pertain to the U.S.-Mexico border, it is evident that throughout its history, the United States has experienced continuous immigration, for American political freedoms, religious tolerance, economic opportunities, and huge geographical size have combined to draw millions of people from all around the world to America in hopes of building better lives for themselves and their children. Over the years, the pace of immigration has waxed and waned depending upon political, religious, and economic conditions, but emigration from Mexico to the United States has remained steady, both in terms of legal and illegal immigrants."
Abstract This paper discusses the refusal of one company to promote a female employee to the supervisor position after promising to do so. It includes the background of the dispute, its resolution, the effectiveness of the resolution and its outcome and finally an analysis of the conflict resolution process. Several issues are discussed such as employee gender, management policies, human relations, compensation and more.
From the Paper "The dispute occurring is between an employee and a supervisor. The employee has worked for the company for three years, working towards a position as a supervisor. This was noted in their performance review and was also incorporated into their work plan. The employee both worked and completed studies in business to assist them in gaining the expected promotion. After three years, the promotion became available. The employee was told by their supervisor that they would not be getting the promotion but that somebody else would be hired from outside of the organization. The position was advertised and a new person recruited. The employee enquired as to why they would not be considered for the position but was given no direct answer. Their employment record had no problems so the employee was left to assume that the only reason for their not getting the promotion was their gender, being that all other supervisors in the company were male, including their boss and that they were female."
Abstract This paper examines the progress made and problems of interpretation that have arisen under the World Trade Organization (WTO) Agreement in the handling of international trade disputes. It also looks at WTO rules and procedures.
From the Paper "This research paper examines the progress made and problems of interpretation which have arisen under the World Trade Organization WTO Agreement in the handling of international trade disputes. In general the panels and Appellate Body..."
Tags:Dispute Resolution, WTO, Appellate Body Anti-Dumping cases, Trade
Abstract The paper is an economic geography discussion of the regional effects of the softwood lumber dispute in Canada. The paper argues that British Colombia is the biggest loser economically of this resource, with the current level of taxes and tariffs. The paper notes how as British Colombia's industry declines, the industries in other provinces improve.
From the Paper "The economic development of Canada has largely been dependent on the extraction or harvesting of natural resources. Economies based on the extraction or harvesting are generally known as staples economies. In Resources Dean M. Hanink states, "Staple production, consisting of direct exploitation and initial processing of natural resources, or staples, began with the Atlantic Fisheries in the late fifteenth centuries and early sixteenth centuries, and progressed to the interior with the growth of European demand for fur. Expansion into Canada's interior occurred in response to the development of the timber industries of lumber and pulp" (Hanink 235)."
Abstract The Mexican-U.S. dispute over water shortages in the Rio Grande has its roots in Mexico's failure to abide by a 1944 water treaty. As a result, U.S. farmers on the American side of the Rio Grande have been strongly impacted, with many losing their businesses, and the area's agricultural industry has been severely damaged by the water shortage. This paper discusses how the U.S. government has been accused of dragging its feet on the issue and how Mexico has remained largely defiant of its action. It suggests that the solution to this issue may lie in stricter enforcement and the creation of new international laws involving the use of shared water resources, as well as beefing up water conservation on both sides of the border.
From the Paper "In recent years, Mexico and the United States have clashed over water shortages on either side of the Rio Grande River in South Texas. Mexico's failure to abide by a 1944 water treaty since 1992 has severely damaged U.S. agriculture. While Mexico seems largely unrepentant and unwilling to release water to the U.S., U.S. officials have been accused of ignoring the issue in the wake of the North American Free Trade Agreement (NAFTA). While steps are being made to address the issue, including water conservation and the release of some water owed to the U.S., much remains to be done to solve the shortage. Changes to international law involving the use of shared water resources may provide some long-term relief while the creation of more water conservation measures will likely help alleviate the shortage in the short-term."
This paper examines the 2006 softwood lumber agreement between the federal governments of Canada and the United States, which creates a medium-term solution for a long-running trade dispute between the two countries.
Abstract This paper explains that the origin of the dispute between the federal governments of Canada and the United States is the belief of U.S. lumber companies that lumber in some Canadian provinces, such as British Columbia, is subsidized by the lumber coming from Crown lands where its cost is cheaper than if it came from private lands. The author points out that, although Canada disputes this view, it accepted the Canada-US Softwood Lumber Agreement of 2006, which cancels any legal actions and duties with regard to the softwood lumber issue, as a way of resolving the trade problem and returning billions of dollars the U.S. government has claimed in duties over the past five years. The paper relates that the public interest group, the Forest Products Association of Canada (FPAC) did not advocate one policy to government but attempted to work with the government to create a "unified" approach, which best reflects the diverse interests of its member companies.
From the Paper "Canada had a number of objectives in entering into the free trade agreements with the United States. In general, these different objectives may be grouped under the one overriding priority of the Canadian government, which was to secure open and unthreatened long-term access to the large U.S. market for Canadian exporters. This was an important issue for the Canadian government as Canadian industries in the last decades of the 20th century were growing increasingly dependent upon the United States as their primary export market."
Abstract Over the past few decades, there has been a dramatic change in the way that businesses and courts approach dispute resolution. Businesses are now encouraged to resolve disputes by alternative methods, such as mediation and arbitration, rather than take all disputes to court.
This paper shows that effective dispute resolution is vital to the reputation of businesses, as well to the growth of trade and investment. Many methods of dispute resolution attempt to resolve conflicts that do not involve an alleged violation of law. This paper discusses Alternative Dispute Resolution (ADR) which refers to any form of mediation or arbitration and their use in resolving disputes and is largely used amongst companies worldwide to resolve business disputes. The paper shows that many ADR approaches are very flexible and include early neutral case evaluation, facilitation, conciliation, mediation, arbitration, negotiation, or any other dispute resolution method that may be appropriate for a particular dispute. The paper looks at the reasons behind the increasing popularity of ADR including the fact that a growing number of legal mandates require the use of mediation and arbitration to resolve disputes.
From the Paper "Companies around the globe have used arbitration and mediation to settle a variety of disputes. For example, in the United States, arbitration and mediation are often used to settle labor disputes that are rooted in conflicting interpretations of existing employment contracts, construction disputes between general contractors and subcontractors relating to construction damage claims, or between contractors and owners relating to the nature of work and payment clauses in employee contracts, and shareholder disputes concerning the valuation of stock in closely held companies (Riskin, 1997, p. 277-279)."
Abstract In today's society, lawyers are encouraged to present the option of pursuing alternate dispute resolution to clients as a matter of good practice and lawyers who fail to do so may be subject to malpractice liability. This paper explores the growing popularity of alternate dispute resolution (ADR) due to the high costs, both financially and to relationships, of traditional litigation.
Subtitles in the Paper: Alternate Dispute Resolution; Ethics and Dispute Resolution; The Costs of Conflict; Ethical Issues in Choosing Whether and How to Mediate; Client Satisfaction; Methods of Dispute Resolution in Businesses; The Role of Counsel; Results of Alternate Dispute Resolution; A Lawyer's Duty to Advise About ADR; Ethical Rules of ADR; Lawyer as Client Representative or Advocate; Lawyers as Neutrals; Conflict of Interest; Malpractice and Negligence; History of ADR; Everyday Disputes; Determining the Role of a Mediator; Conclusion.
From the Paper "Alternate dispute resolution is a practical business and personal solution, as there are significant costs associated with different ways of resolving disputes, which often outweigh the conflict itself .
The direct costs associated with disputes include the fees of lawyers and other professionals. In 1994, nearly 18 million cases were filed in U.S. courts at a cost of $300 billion.
Productivity costs involve the value of lost time, or the cost of what those involved would otherwise be producing. Continuity cost is the eventual end of relationships that would have continued without the conflict. Emotional cost reflects the pain of focusing on emotions and the problems this can cause psychologically."
Tags: American, Bar, Association, ABA, ombuds, Supreme, Court
Abstract Using a fictitious work dispute, as well as Stephen P. Robbins text entitled "Organizational Behavior", this paper discusses various theories which might be applied to work through the dispute and resolve it. The paper begins by describing the hypothetical workplace dispute - a disagreement over the terms of a new employment contract between a professional sports league's owners and players. It then defines the term 'conflict', using both Robbins' definition of conflict from the text, as well as the author's own interpretation of conflict. The paper thereafter discusses the desired negotiation outcomes from the perspective of both the players as well as the owners concerning the dispute. It does this by discussing Robbins' distributive bargaining and integrative bargaining, as well as forms of negotiation. The paper then talks about several decision-making biases that hinder the dispute resolution effort, citing several scenarios that could result because of these different biases. Finally, the paper concludes by summarizing everything in a final paragraph.
From the Paper "While it would be preferable for the players and management to seek an integrative solution to their workplace dispute that will result in positive benefits for all, they will have to overcome several decision making biases that may hinder their negotiations. The biggest problem they may run into is engaging into is an irrational escalation of commitment. Robbins defines this as a situation where people continue a previously selected course of action beyond what rational analysis would recommend, because of the time and money they have already invested in pursuing that action (Robbins 585). Because of the emotional highs on both sides and the public scrutiny that are placed on the negotiations, both sides may be reluctant to give any ground or demonstrate any weakness at the negotiation table. Thus, both sides might willingly jump off a cliff together and engage in a work stoppage that will be detrimental to both of their interests."
Abstract This paper discusses the future prospects of Borders Book Store. It particularly discusses the need increase its use of technology, as Borders is, by definition, as company that sells low-tech products - books. The paper analyzes a proposal for including WiFi technology in Borders cafes and discusses the pros and cons of this addition. It concludes that test-marketing may be necessary to test the viability of using WiFi technology.
Table of Contents:
Borders Book Store
What is WiFi? Why WiFi? --Pros
WiFi--Cons
Test-marketing
From the Paper "The downside to including a WiFi network within Borders cafes is that customers may be more apt to do work or talk to their virtual friends on the Internet, than peruse Borders afterwards and buy books and magazines. The time spent on the Internet is time that will NOT be spent looking at Borders items for sale. Although the cafe is an important part of Borders business, if customers are coming just to access the WiFi network, Borders cafes will not necessarily have an additional attraction, as opposed to a local Starbucks or restaurant that also offers WiFi and perhaps a larger selection of food and beverage items. Also, customers who wish to do work or socialize upon their laptops usually come in alone, rather than in more lucrative couples from the cafe's point of view. When using the Internet, these solitary patrons stay longer, perhaps, then if they were just looking at magazine within the store, also minimizing the amount of places for customers to sit down and eat, and reducing the total amount of patrons able to eat at the cafe."
Abstract This paper explains that, as the second largest retailing book store in the U.S., Borders has large financial resources to implement its strategies. The author states that Borders' strategic plan is to redirect business revenue from stock holders and dividends and back into the business. The paper relates that, with the added cash flow, marketing efforts will be increased and directed at women and baby bombers in an effort to attract these larger demographics. The author anticipates an increased market share and double digit growth over a 24 month period. The paper compares Borders with its major competitor Barnes and Nobles, which is the largest book retailer in the U.S., suggesting that Borders carries more titles from smaller publishers or self-published books in small quantity. The paper includes detailed accounting tables and an annotated bibliography.
Table of Contents:
Executive Summary
Business Description
Ownership and Management
Key Initiatives and Objectives
Marketing Opportunities
Competitive Advantages
Marketing Strategy
Summary of Financial Projections
Confidentiality
Recognition of Risk
Business Overview
Business History
Vision and Mission Statement
Objectives
Ownership
Location and Facilities
Products and Services
Description of Products and Services
Key Features of the Products and Services
Production of Products and Services
Future Products and Services
Comparative Advantages in Production
Industry Overview
Market Research
Size of the Industry
Key Product Segments
Key Market Segments
Purchase Process and Buying Criteria
Description of Industry Participants
Key Industry Trends
Industry Outlook
Marketing Strategy
Target Markets
Description of Key Competitors
Analysis of Competitive Position
Pricing Strategy
Promotion Strategy
Distribution Strategy
Management and Staffing
Organizational Structure
Management Team
Staffing
Labor Market Issues
Regulatory Issues
Intellectual Property Protection
Regulatory Issues
Risks
Market Risks
Other Risks
Implementation Plan
Implementation Activities and Dates
Financial Plan
Beginning Balance Sheet
Discussion of Projected Net Income
Discussion of Monthly Cash Flow Statement
Discussion of Projected Annual Cash Flow
Discussion of Pro-Forma Balance Sheet
Discussion of Business Ratios
Pro Forma Income Statement
Cash Flow Statement, Year 1
Three Year Projected Annual Cash Flow
Balance Sheet
Business Ratios
Note 1: Revenue Assumptions
Note 2: Assumptions Regarding the Collection of Sales Revenue
Note 3: Cost of Sales Assumptions
Note 4: Sales and Marketing Assumptions
Note 5: Property and Utilities Assumptions
Note 6: Operations Assumptions
Note 7: Banking and Other Assumptions
Note 8: Wages and Other Assumptions
Note 9: Other Sources of Funding
Note 10: Other Uses of Funding
From the Paper "In order to boost sales and attract new customers. Borders would use different types of promotional tools to achieve that. We would focus our advertisement on newspaper and magazines that related to retirement and health. The reason is because these channels allows us to reach our target market -- baby boomer. In addition to the advertisement, we also include discount coupons, and special deals when they visit our stores on certain day. Advertisement would also be used when there's new stores open. For our Borders Rewards Club, we hold regular events and book signing. The purpose is to get more attention from the public and get more people come to our stores."
Abstract In the past, duels and showdowns were commonplace methods of dispute resolution, but things have changed. Perhaps as a reflection of a more complex society or a growing recognition of individual rights, the United States has experienced an enormous increase in the number of lawsuits filed over the last half of the 20th century. However, when people and businesses are faced with resolving problems in a fair and equitable manner, they have many other options available to them, which have become increasingly popular as court calendars continue to lengthen. Alternative dispute resolution has greatly expanded over the last several years to include many areas in addition to the traditional commercial dispute; mediation has become an important first step in the process. This paper provides an overview of alternative dispute resolution methods and approaches, a discussion of potential drawbacks and constraints, and an assessment of whether these methods are appropriate for the public sector. A summary of the research is provided in the conclusion.
From the Paper "Some jurisdictions and courts in the U.S. require early neutral evaluation. Under early neutral evaluation, parties to litigation are required to make presentations to a neutral evaluator. The evaluator is engaged to provide both parties with an assessment of the strengths and weaknesses of their respective positions, and to facilitate disputes. Courts in some jurisdictions may have case management conferences at which time staff counsel or other court officers may take active roles in promoting settlement discussions."
