Prince George's Community College Business Law Essay

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Prince George's Community College

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Legal Environment of Business Group Project Read the below statement and questions to formulate your group project: The legal system in the USA encourages individuals and businesses involved in any dispute to avoid solving their disputes through the court system for several reasons. Mediation, negotiation, and arbitration are the most alternative dispute resolution used among many other ways. If you were an individual or a businessrelated person such as a CEO, Manager, owner, etc., who faces a dispute with another party, which one of the three alternative dispute resolutions would you choose to resolve a dispute? Why? How to approach your project: 1) On the cover page and the first page, name your group project. 2) Introduction: 1) Define alternative dispute resolution. 2) What is the relationship between business and alternative dispute resolution? 3) Clearly state why alternative dispute resolution is essential in business. 4) Why should business leaders, managers, and employees alternative dispute resolution proactively? Body paragraph: 1) How has the law in the USA addressed alternative dispute resolution locally and internationally? 2) In what circumstances will businesses in the USA be considered violating the federal law regarding alternative dispute resolution? 3) How do American laws deal with alternative dispute resolution internationally? 4) Discuss the sources available for those who need the alternative dispute resolution service. 6) Discuss the commercialization of alternative dispute resolution in the USA? In conclusion, summarize the project in a short paragraph answering the following questions: a) Why alternative dispute resolution in business is vital for every business and individual involved in business transactions. b) Why should the law be involved in business and individuals’ alternative dispute resolution? c) Briefly reinstate how the USA protected its citizens and businesses from a potential escalation in any business transaction. References: Use APA format to write your references.
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Running Head: LEGAL ENVIRONMENT OF BUSINESS

Legal Environment of Business

Student Name
Institutional Affiliation
Course
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LEGAL ENVIRONMENT OF BUSINESS

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Alternative Dispute Resolution
Alternative dispute resolution is a process in which parties to a dispute voluntarily submit
their case to third-party facilitators who are trained in negotiation, mediation, arbitration or other
processes to reach a mutually acceptable agreement (Stražišar, 2018). Alternative dispute
resolution is used as a way to reach agreement without resorting to court action. As companies
have become more globalized and complex, they have needed ways to resolve disputes with their
partners and suppliers in a manner that is both cost-effective and efficient. This has led to a growing
interest in ADR as a way to resolve legal disputes quickly and inexpensively.
Businesses use alternative dispute resolution processes because they are more costeffective, which is why many business owners opt for mediation or arbitration instead of going to
court. Businesses can use alternative dispute resolutions in many situations, including contract
disputes and employment disputes (Ponte & Cavenagh, 1999). For example, if a contract dispute
arises between two businesses, the parties can choose to mediate the issue instead of going to court.
Or if there's an employment issue at a company like sexual harassment or discrimination, the
employer might choose arbitration rather than lawsuits from employees who feel wronged by their
employer's actions.
Businesses have a variety of reasons for engaging in alternative dispute resolution (ADR).
For example, if a business is sued by another party, it may prefer to resolve the dispute outside of
the court system—either because it is not prepared or willing to deal with the complexities of
litigation, or because it wants to avoid negative publicity. ADR can also be used as part of an
aggressive defense strategy. If a business knows that a lawsuit is coming, it may want to settle the
case before trial rather than risk an unfavorable judgment. In some cases, this will involve
negotiating with opposing counsel and reaching an agreement before filing any documents in

LEGAL ENVIRONMENT OF BUSINESS

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court. In addition, ADR can be used as a way to resolve disputes that would otherwise go
unresolved because one side does not have enough resources. This type of ADR is known as "fast
track" because it allows parties to resolve disputes quickly and efficiently without investing
significant time or money into litigation.
There are many reasons why business leaders, managers, and employees should consider
using alternative dispute resolution proactively in their workplace. One reason is that it saves time
and money, as well as the emotional energy spent on fighting a lawsuit or other legal action.
Another reason is that ADR helps build trust within an organization by creating a more
collaborative environment for solving problems together. ADR also helps to protect sensitive
information about the business, its employees and customers, and its products or services. This
can reduce risk for the business by preventing the disclosure of confidential information in court
proceedings. Finally, it allows businesses to make decisions based on facts rather than emotions
or biases that may have been introduced during litigation proceedings.
ADR can be used by businesses of all sizes and all industries. For example, Ford Motor
Company ...


Anonymous
Very useful material for studying!

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