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Procedures and techniques in which disputes are settled outside of the courtroom

Alternate dispute resolution (ADR) refers to procedures and techniques in which disputes are settled outside of the courtroom. These settlements are often negotiated by legal counsel representing the company. There are several types of ADR depending on the dispute. The federal government, large businesses, and small businesses can all benefit from resolving complaints this way. If your company has good corporate governance, it typically means there is a strong relationship with stakeholders, often including disclosure and transparency processes when sharing financial and operational aspects of the company.

Select one type of ADR. Provide an example of a business dispute that would use this type. How can using this type mitigate the concerns? Who from the business would need to be involved?

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Type of ADR: Mediation

Example of a business dispute: A dispute between two businesses over a contract.

How mediation can mitigate the concerns: Mediation is a process in which a neutral third party, called a mediator, helps the parties to a dispute reach a mutually agreeable resolution. The mediator does not make a decision for the parties, but rather facilitates the discussion and helps the parties to identify areas of common ground and to negotiate a settlement.

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Who from the business would need to be involved: The parties to the dispute, as well as their legal counsel, would need to be involved in mediation. In some cases, other stakeholders, such as employees or customers, may also be involved.

How mediation can benefit the business: Mediation can benefit businesses in a number of ways. First, it can help to resolve disputes more quickly and efficiently than litigation. Second, it can help to preserve the relationship between the parties to the dispute. Third, it can be less expensive than litigation.

In the example of the dispute between two businesses over a contract, mediation could help the parties to reach a mutually agreeable resolution that is in the best interests of both businesses. The mediator could help the parties to identify the issues in dispute and to negotiate a settlement that addresses those issues. The mediation process could also help to preserve the relationship between the businesses, which could be important if they need to work together in the future.

Here are some other examples of business disputes that could be resolved through mediation:

  • A dispute between a business and its employees over wages or benefits.
  • A dispute between a business and its customers over a product or service.
  • A dispute between a business and its landlord over rent or repairs.
  • A dispute between a business and its supplier over the quality of goods or services.

Mediation can be a valuable tool for businesses that are facing disputes. It can help to resolve disputes more quickly and efficiently, preserve relationships, and save money. If you are facing a business dispute, mediation may be a good option for you.

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