Business Law Dispute Resolution Paper

October 10, 2022

ADM 477 Business Law Dispute Resolution Paper

Order Number	84945096767
Type of Project	ESSAY
Writer Level	PHD VERIFIED
Format	APA
Academic Sources	10
Page Count	3-12 PAGES

Instructions/Descriptions

ADM 477 Business Law Dispute Resolution Paper

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ADM 477: Business Law

Getting Started

Megan Saunders is a consultant for IT companies. Thanks to a feature article in a popular trade magazine, she was inundated with requests for her coding services. As a result, Megan decided to move out of state to work on a year-long project for an upstart tech company. At the end of the project, Megan expected to return home and earn a bonus in excess of $100,000 for her work. However, when the time came for her bonus payout, the tech company fired Megan without cause and refused to pay the bonus. Megan has since moved back home. She is not sure how to go about getting her bonus pay. She has thought about filing a lawsuit, although she realizes that the process can be lengthy and expensive. Megan wants to know: How can she start the litigation process? Are there alternatives to litigation?

Briefly, the civil litigation process involves filing a complaint, which details the basis for the lawsuit. The tech company will be served with the complaint and a summons, which is an order to answer the complaint within a certain period of time. In its answer to the complaint, the tech company will admit or deny allegations outlined in the complaint. The tech company can also file a counterclaim against Megan, for which she would have to file a formal response called a reply.

As you can see, the litigation process can be quite involved. It can be costly in terms of the time and money spent litigating a dispute. For this reason, the majority of cases are settled out of court through mediation or arbitration. In mediation, a neutral third party helps parties reach a compromise. In arbitration, a third party decides how to resolve the dispute between the parties. Because of its efficiency in resolving disputes, Megan should definitely consider either mediation or arbitration as an option.

Upon successful completion of the course material, you will be able to:

Describe the steps involved in civil litigation.

Compare arbitration and mediation as alternative methods of dispute resolution.

Resources

Textbook: The Legal Environment of Business

Video & Transcript: Huge Settlement for Injured Cruise Ship Passenger

Background Information

Mediation is a form of alternative dispute resolution in which a neutral third party helps individuals resolve a dispute. Because the parties are encouraged to develop their own resolution of the conflict, they have more of a vested interest in the outcome and are more likely to abide by the terms of the agreement.

Unlike mediation, arbitration is a quasi-judicial proceeding in which a neutral third party decides how to resolve the conflict. Arbitrations can be binding or non-binding, by agreement of the parties involved.

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Instructions

Review the rubric to make sure you understand the criteria for earning your grade.

In your textbook, The Legal Environment of Business, read Chapter 3, “Trials and Resolving Disputes.”

View the video “Huge Settlement for Injured Cruise Ship Passenger.”