Dispute Resolution, Essay Example

Advantages of the US court system over the Alternative Dispute Resolution system (ADR).

The court system can handle jurisdiction of cases involving a large number of parties. The ADR might be incapable to handle this due to the absence of a representative in the negotiation period.

The court system handles multi-state jurisdiction cases whereas ADR handles individual parties.

In court cases, filling of a lawsuit is at the location where the damage occurred while in ADR, negotiation of venue is disputable.

Disadvantages of US court system, over the ADR system.

• The US court system is more expensive than the ADR system.
• Cases in the US court system proceed in public while there is confidentiality in the ADR system.
• Parties in the US court system have no choice of the hearing judge while parties under ADR system pick a neutral third party.
• US court system has a fixed and complex procedure while that of ADR system is flexible and less complex.
• Ruling takes time in US court system while ADR requires little time.
• Enormity ensues after the case while there is the preservation of relationship and reputation in ADR system.

How Applicable ADR is to a small business owner and a Fortune 500 companies Manager.

This might be applicable when the small business owner sells products manufactured by the Fortune 500 Company manager. If the small business owner is the complainant about negligence in the products, a consumer might come to resolve the matter. The normal business activities will proceed between the parties after settlement.

Bill of Rights

The fourth amendment has the largest impact on businesses since it guards against search, arrest and seizure of property.

An example is of a company such as Coca Cola whose formulation of its rinks is a secret. Without such an amendment, searching of the company might reveal the formulation thus leading to its collapse.

Chapter 4

If the manager does not allow this chapter, then the following might occur: unlawful search, unlawful arrest within the employers and employees and unlawful seizure of the companies premises.

Possible ramifications include inadequate labor after arrests. Leakage of company secrets after search, thus tougher competition from other companies. Also, loss of property and collapse of business in the process of seizure.

Responsibility

Under product liability, the responsibility of persons comes under warning of failure. Whether the product was well or poorly designed, it is the responsibility of the manufacturer to check and warn consumers on detection that the product manufactured does not meet its purpose or might cause damage to the consumer.

Things to consider when sued for potential liability.

• Duty owed.
• Consider if it were your duty to foresee the damage caused or if the damage were foreseeable.
• Breach of duty
• Consider if a breaching of a duty took place.
• Cause
• Consider if the breached duty were indeed the direct cause of the damage.
• Suffered.
• Consider if the plaintiff suffered a direct loss or damage.

Torts And Prvacy

Actions to protect a manager and an organization from tort lawsuit.

Contracts and terms of agreement.

The manager may include clauses within the contracts signed by employees that distance the organization from unintentional damages.

The organization may train employees on their civil duties thus avoiding such damages. Training may also incorporate writing warnings on possible damages.

Practices of employee and customer privacy protection

• Privacy of health records for customers. Example is the use of codes by hospitals when keeping HIV status records.
• Restrictions on outsiders to enter premises, thus ensuring that outsiders are incapable of knowing the performance of employees.
• Protecting employees from academic discrimination. Example is by locking areas that have academic credentials of the stuff.
• Providing neutral welfare opportunities. Example is to have common meals in the companies. This ensures privacy to ones eating habits.
• Providing uniform outfit. This protects status privacy since all employees seem equal in their outfits.