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Essay / Research Paper Abstract
This 3 page paper looks at alternative dispute resolution models and the pitfalls. The cost of litigation, arbitration and mediation are compared. Bibliography lists 2 sources.
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3 pages (~225 words per page)
File: RT13_SA546law.rtf
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Unformatted sample text from the term paper:
within its walls as well as conflict between companies, or between firms and customers. The importance of this cannot be overemphasized. The prospect of conflict management is costly and how
a company goes about it is therefore important. Because of the expense, many companies have implemented dispute resolution protocols or systems in an attempt to ameliorate that cost. Dispute
resolution is preferable to litigation and is much less costly to the company. It is also the best way to go about business. Who would not avoid a lawsuit if
they could? One method is the establishment of a dispute resolution or ADR program (Bresler, 2000). One program described by Bresler (2000) has four levels, and at stage one, complaints
are sometimes resolved, but if they are not, stage two or perhaps two more stages after that, need to be utilized. At stage one, there is an informal meeting with
human resources and the managerial staff in order to discuss issues or try to resolve problems (Bresler, 2000). At stage two, which is known as peer review, if there is
no resolution through informal means, this next stage is implemented (Bresler, 2000). Here, there is a peer review where an employee submits a claim and management makes a response and
a committee looks into it, but sometimes this is not successful and it goes to stage three which is mediation (Bresler, 2000). Finally, step four is arbitration (Bresler, 2000). The
positive nature of having steps is that employees will be deterred from filing a lawsuit immediately, as there is recourse that is much less expensive for the worker. ADR
is one popular method of dispute resolution, but it is not without potential legal problems. When a firm considers ADR, several questions should be asked inclusive of who will attend
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