Monday, December 23, 2019

Benefits And Disadvantages Of Arbitration - 844 Words

3. Discuss the advantages and disadvantages of using arbitration to settle non-labor issues such as consumer complaints, employer-employee disputes, and so on. Find an example from the business world where this was done. Arbitration is a method to submit a resolution in an arbitral, rather than a judicial forum. For non-labor issues, arbitration can be a less expensive solution. One example is The Home Owners Warranty program. A program which aimed to resolve disputes between homeowners and builders. The program was designed between the Home Owners Warranty programs of the National Association of Home Builders. This program started in 1973 as a method of formally resolving disputes through arbitration. The program provided a warranty program, using mediation, and arbitration to resolve differences. Before the warranty program was created, the National Association of Home Builders came to the Federal Mediation and Conciliation Service for advice and assistance on dealing with homeowner disputes. Over the years, the program has expanded across the country through the Magnuson-Moss Bill, assisting the Federal Trade Commission on issuing rules on warranty’s and guaranties. The arbitration occurs while looking at the evidence of a dispute objectively for the best solutions (Barrett, 1985, p. 32). Pros of Arbitration - Arbitration is a way to resolve disputes efficiently, proponents of arbitration commonly point to a number of advantages it offers over litigation, courtShow MoreRelatedMediation in Third Party Intervention919 Words   |  4 Pagesfacilitators (Wilmot, Hocker, 2007). Some formal types of third party intervention are arbitration, adjudication and mediation. In arbitration and adjudication, the decision of the outcome is based on an outsider, the judge, jury or arbitrator (Wilmot, Hocker, 2007). However, in mediation, the outcome is based on the party’s management of their own conflict (Wilmot, Hocker, 2007). Similar to arbitration, adjudication is the process by which a decision is made, because parties cannot resolveRead MoreThe Alternative Methods of Dispute Resolution Essay976 Words   |  4 PagesResolution Alternative methods of dispute resolution (ADR) are methods of resolving a dispute without resorting to using the courts. The fundamental principles of Alternative Dispute Resolutions are Negotiation, Tribunals, Conciliation, Arbitration and Mediation. Many of these approaches include the use of a neutral individual such as a mediator who can assist disputing parties in resolving their disagreements. The use of these methods helps in bringing justice to all peopleRead MoreWhat Laws Govern Arbitration Of A Joint Venture Between Monarch Associates With Vladir Unlimited1382 Words   |  6 PagesWhat laws govern arbitration in the U.S.? In Russia? The case being presented indicates the establishment of a joint venture between Monarch Associates with Vladir Unlimited. The case presented indicates that before the two companies signed the agreement for the joint venture there was a need for the two of them to clearly understand the details of what they were engaging in (Gaillard, 2015). To start with, a joint venture has been defined as a type of business that involves two identical organizationsRead MoreProtecting Foreign Investments1257 Words   |  6 Pagesthe investor can seek for compensation under international arbitration. The question is whether to which extent does the arbitration provides them solution and which ways or methods they can seek alternative to arbitration. The answers for all these will be discussed in this research analysis step by step considering all the issues and the pros and cons as well, which it will give a meaningful conclusion at the end. International arbitration serves as the important method w here foreign investors canRead MoreWhat Situations Do You Believe Intervention Should Be Mandated? Voluntary?1742 Words   |  7 Pagesreassure the remaining employees that the company will continue move forward and thrive. In essence the intervention provides the hope that the team so desperately need. If an organization mandates intervention during this situation then it will benefit from the results of satisfied employees during a time when the company could be vulnerable. Organizational Development Interventions (n.d.) states that Organizational Interventions can help to build a team due to one of the following situations OrganizationalRead MoreDispute Resolution : A Conflict Diagnosis Approach1690 Words   |  7 Pagesdifferent types of dispute resolutions that can be used to settle a conflict. Some of the dispute resolutions discussed in the book are suitable for specific disputes. And the different type of dispute resolutions has different advantages and disadvantages for disputants. It is important to understand the different types of dispute resolutions, and their processes for resolving conflict in order to select the best dispute resolution to resolving conflicts now and in the future. From the book, I willRead MoreDiscuss the Processes Available in Alternative Dispute Resolution1469 Words   |  6 PagesDiscuss the processes available in alternative dispute resolution and explain its advantages and disadvantages Alternative Dispute Resolution Alternative Dispute Resolution (ADR) includes methods of processes and techniques that are used to resolve disputes or disagreements outside the jurisdiction of the law. As explained by Paul Latimer (p 51 of the Australian Business Law CCH Handbook 2006) The Alternative Dispute Resolution Association of Australia has defined ADR as meaning  ¡Ã‚ §disputeRead Moreï » ¿Describe the different methods of Alternative Dispute resolution available to deal with civil cases?1090 Words   |  5 Pagesindividuals. The courts has aimed to make Dispute Resolution as fair as possible and has placed regulations on all of the keys methods of Dispute Resolution. In this question I will outline the key methods of dispute resolution which are, Mediation, Arbitration Conciliation and how these perform there tasks. Mediation is based around helping to reach a dispute compromise. This is commonly done through A Mediation service. They will gather both sides of the parties into a room to discuss the issueRead MoreAlternative Dispute Resolution And The Different Types Of It898 Words   |  4 Pagesis something that provides an alternative way of settling civil disputes than the traditional way using the courts. The main forms of Alternative dispute resolution are being arbitration, adjudication mediation and conciliation, however in the United Kingdom the most commonly used alternative dispute resolutions are arbitration and mediation but adjudication is becoming rapidly more popular. Adjudication is another form of alternative dispute resolution that stems from Housing Grants, ConstructionRead MoreAlternate Disbure Resolution757 Words   |  3 PagesAlternate dispute resolution (ADR) comprises a variety of approaches to early intervention and dispute resolution (Alternate Dispute, n.d.). Many o f these approaches include the usage of trial, negotiation, mediation and arbitration. Based on the case provided, Awang Budimans lawyers claim that UBD players acted deliberately during their warm up to disrupt the team formation, as Awang Budiman being one of the better strikers of the team. However, the UBD players deny the claims, stated that there

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.