Back To CourseBusiness Law: Help and Review
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Kat has a Master of Science in Organizational Leadership and Management and teaches Business courses.
Once, lovebirds Harold and Melba married and had a few kids. After several years of bickering over laundry, bills and Harold's weekly poker game, they decided to call it quits. However, during the marriage, they accumulated quite a few assets, like a house, a boat and several vintage cars. Unable to settle on the splitting of their stuff, the duo decided on dispute resolution.
Dispute resolution is a process of bringing in a third party to help sort out the situation through communication and negotiation. There are several types of resolutions, and they are mainly used in employment and legal disputes.
The three main forms of dispute resolution we will focus on are:
Now, we will explore each form of dispute resolution in detail.
Negotiations occur when two parties set forth the type of remedy each desires, and try to reach some sort of an agreement that satisfies everyone involved. In the best-case scenario, negotiations are done between the parties and both come to a happy agreement. The first step towards dissolving Harold and Melba's assets may be negotiations.
This is how a typical negotiation may look:
Once agreement has been reached, the parties will create a written statement to reflect the terms of the negotiated assets. While Harold and Melba tried very hard to divide the dowry fairly, each wanted what the other person wanted. It was a mess!
It is important to note that each state court functions differently, but in New York, Harold and Melba would be referred to mediation. Mediation is an alternate form of resolution that involves assigning a neutral third party to assist the couple in coming to a fair and equitable agreement on the distribution of assets.
Mediation is not always voluntary. Sometimes the court will order mediation, especially if the divorce dispute involves child support, alimony or child custody. Not to confuse things, remember negotiations and mediation are not solely used for divorce situations. Both alternative resolutions are used for employment issues as well. For example, at work, employers and employees use collective bargaining to settle disputes. This is negotiations between the employer and the employee to settle issues like work conditions, salaries and benefits.
To clarify, collective bargaining is usually done when employees are represented by a union, or a collective group of employees with a common interest. Mediation is also successful in resolving employee disputes. It is beneficial for a company to go this route, because the sky-high cost of hiring legal professionals can crush a company financially.
Let's say Jolie was terminated without cause from her position at Westwood Dynamics, Inc. Jolie can do a few things: She can walk away with only her potted plant and her ego, she can sue for millions of dollars, or she and her former employer can enter into mediation to come to a mutually satisfying resolution.
What will happen is:
Jolie wanted to sue Westwood for everything they have. Westwood wanted Jolie to just go away. The mediator wanted to find a happy medium. In Jolie's case, the outcome may be that she will receive a severance package, including a monetary settlement and a letter of recommendation.
Arbitration works a little differently, because this process involves both parties agreeing to allow a third party not only to mediate, but to come to a final decision on the issues. To say it a different way, in arbitration, the parties agree to allow a neutral person to listen to, evaluate and decide on the best possible solution to their problem. Both parties decide on the arbitrator, or the non-biased party, and after he hears testimony from both sides, a decision is made.
This process is commonly used to settle automobile accident claims because it saves money and time. Court costs, attorney fees and time away from the office can be costly. An arbitrator will charge a fee for services, and the resolution happens quickly. This fee is usually much more economical than using a lawyer.
Some of the decisions an arbitrator will make in an auto accident dispute are:
The only downside to arbitration is the decision of the arbitrator is final. It cannot be appealed with the arbitrator. It can only be appealed in court. Alternative dispute resolutions are quite popular for many reasons. They free up the courts for more important matters. They are time savers, and in many cases, the issues can be easily resolved.
To wrap it up, when problems occur, there are several ways in which dispute resolution can help. The process involves bringing in a third party to help sort out the situation through communication and negotiation. There are three main dispute resolutions used, and all three processes are performed out of the courtroom, leaving more time for judges to deal with more important issues. They also save time and money.
When two parties do not agree on something, like the dissolution of marital assets, they may try negotiations. This involves two parties haggling over the type of remedy each desires, and then trying to reach some sort of an agreement that satisfies everyone involved. The parties go back and forth until a fair and equitable settlement is reached.
Another process involves hiring a third party to assist in the negotiations. This party, called a mediator, will mediate, or assist the parties in coming to a fair and equitable agreement. This is frequently used in employment and marital cases. Sometimes a decision simply cannot be reached, and an arbitrator is called in to make the decision for the parties.
Most commonly used in the insurance industry to settle automobile accident claims, arbitration involves both parties agreeing to allow a third party not only to mediate, but to come to a final decision on the issues. While the arbitrator's decision is final, if a party is not satisfied with the outcome, the decision can only be appealed in court.
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Back To CourseBusiness Law: Help and Review
27 chapters | 341 lessons