Dissertation Essay Samples on Handling Issues Related to a State Level Business Dispute
Re: Concern about how we at company [x] handle issues related to a state level business dispute
I am obliged to express my concern regarding how we, at company (X) handle issues that are related to business dispute at state level. We are all aware issues within the workplaces do arise and in some cases, end in courts. For the mere reason most cases never end up in trial, it is important to think of alternative techniques of dispute resolution (Kwok-Wing, 2009). It is evident from one viewpoint of our subject that the word ‘alternative’ means looking outside the surroundings of the courtroom for resolutions of business disputes at state level. In this regard, I advocate for exploration on whether such disputes can be resolved through agreement, directly or with the help of a conciliator or intermediary, more willingly rather than going to court. This is greatly recommended as long as the alternative process measures up to the basic values of justice.
Advantages of Using ADR Process to Resolve Disputes
It is undisputable the benefit of conciliation and mediation is the ability of getting speedy access to a process with the possibility of producing a result that is acceptable for all parties within the shortest time possible (Law Reform Commission 2010). Every person comprehends the idea that long delays in the process of the court leads to clear obstructions to justice: there is no question that justice delayed, is justice denied. It is for this reason that as an organization, we are supposed to make improvements to effectiveness of litigation process and encourage use of mediation and conciliation as it has the capability of reducing litigation costs. The parties also have significant power over the proceeding format. All processes involved in arbitration, for instance selection of neutral, case duration, ground rules and the ability of reaching a conclusion at any given moment are usually at the command of the parties involved (Dennis, 2010). These capabilities are of great use in the creation of an environment that is cool and a beneficial environment that is in favor of case solution with great ease and at cheap prices.
Secondly, ADR also makes it possible for those who are part of the arbitration, in favorite to litigation to participate directly providing an open environment for the attorneys. Finally, ADR also encourages a much more cooperative approach in solving legal disputes, parties involved are not expected so much to put up with ill will as they oppose each other and the frustration that comes with a costly and long trial as is often seen in courts is eliminated.
How to use ADR Process to Resolve Disputes
There are varying types of arbitrations that can be applied depending on circumstances (Dennis, 2010). A unified court system has the mandate of providing rights to parties to use or reduce mediation fee and other ADR services in general civil law, family law as well as commercial law disputes that are availed in different counties and states. In the case such as ours, it is prudent that we use mediation as it is likely to be most appropriate and successful.
This is one of the processes available in ADR and it provides room for the parties to talk about the conflict, point out the key concerns and also find flexible, reciprocally beneficial resolution with the assistance of a skilled, independent third party (Kwok-Wing, 2009).
Reasons for Settling or Mediation
The process is not just confidential but good at solving different kinds of issues if not all arising from disputes as such, ensuring the dispute is not determined by an expensive and indecisive trial. There are other advantages of mediation as well and they include:
Dennis, O. O. (2010). Understanding benefits of alternative dispute resolution (ADR) in the
work place mediation. Journal of Law and Conflict Resolution , 2 (1), 011-019.
Kwok-Wing, C. (2009). RESOLVING CONSTRUCTION DISPUTES BY MEDIATION:
HONG KONG EXPERIENCE. Journal of Management in Engineering , 8 (4), 384-393.
Law Reform Commission. (2010). ALTERNATIVE DISPUTE RESOLUTION: MEDIATION
AND CONCILIATION. Dublin.