Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Legal System of Business - Essay Example

Comments (0) Cite this document
An Alternative Dispute Resolution (ADR) clause is an alternate method of solving a problem without the need to resort to litigation or a lawsuit for resolution. The value in a well constructed ADR is associated with the relative easy and cost effective approach to a dispute resolution…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.3% of users find it useful
Legal System of Business
Read TextPreview

Extract of sample "Legal System of Business"

Legal System of Business-Alternative Dispute Resolution An Alternative Dispute Resolution (ADR) clause is an alternate method of solving a problem without the need to resort to litigation or a lawsuit for resolution. The value in a well constructed ADR is associated with the relative easy and cost effective approach to a dispute resolution. Resolution is typically arrived at quickly and is more discreet than alternate forms of decision making in a contentious environment. The disadvantage could be in the fact that most decisions are a product of compromise. That may work well in some scenarios, but in others, middle ground concessions might destroy the essence of the original intent of the agreement. The most common ADR methods are mediation and arbitration; however several other methods are available including: negotiations through facilitation; neutral evaluation; conciliation; summary jury trial; mini trial; neutral evaluation; judicial referee; and others (Goldberg, Green, & Sanders, 1985).
In this instance, preparing an ADR clause that can be used by the learning team to resolve potential disagreements among team members requires an agreement on a complete definition of an ADR clause. Perhaps the most consistent and concise definition of ADR identifies it as a "procedure for settling disputes by means other than litigation; e.g., by arbitration, mediation, or minitrials" (Law Encyclopedia, 1998). Additionally, it is important that the clause make both business and legal sense, and include components that will avoid significant procedural issues or needless parameters that restrict the resolution process.
In structuring the Alternative Dispute Resolution clause specific to this assignment, the goal was to be concise keeping needless complexity out of the resolution clause, including the necessary elements that demonstrate a clear understanding of the process to be used, but avoiding statements that may encourage disputes in its utilization (Aibel & Friedman, 1996). The following statement is the proposed Alternative Dispute Resolution clause developed by the learning team. If an unresolved dispute emerges out of any learning team activities, and internal negotiations fail to settle the controversy, all learning team members agree to use mediation through a neutral third party. The neutral third party will be the faculty member for the current course. Mediation will be conducted in the office of the faculty member and at a time the faculty member prescribes as convenient for him or her. If Mediation does not resolve the issue, arbitration becomes the last alternative. Arbitration will be through a panel of three faculty members in the department including the current faculty member as the chair. Learning team members agree to abide by the results of the arbitration without recourse. All learning team members agree initially to attempt to resolve any issues in good faith negotiation prior to commencement of a formal mediation request. Any costs associated with mediation or an arbitration process will be shared equality by all learning team members.
In conclusion, it is recognized that dispute resolution is not a desired tactic embraced without unavoidable cause. However, if the need for alternative resolution is ever required, it is advisable to have a clear statement and process that all have agreed upon prior to execution of the original agreement. That very fact mitigates some of the reasons that disputes arise initially, however, ADR is a valid tool to use if instances arise where resolution of a dispute would have a consequential effect on the terms and conditions of any agreement.
Aibel, Howard J. & George H. Friedman. (1996). "Drafting Dispute Resolution Clauses in Complex Business Transactions," 51:1 Dispute Resolution Journal 17 (1996).
Law Encyclopedia. (1998). West's Encyclopedia of American Law. Retrieved November 12, 2008 from
Goldberg, Stephen B., Eric D. Green, and Frank E. A. Sander. 1985. Dispute Resolution. Boston: Little, Brown. Read More
Cite this document
  • APA
  • MLA
(“Legal System of Business Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
Legal System of Business Essay Example | Topics and Well Written Essays - 500 words. Retrieved from
(Legal System of Business Essay Example | Topics and Well Written Essays - 500 Words)
Legal System of Business Essay Example | Topics and Well Written Essays - 500 Words.
“Legal System of Business Essay Example | Topics and Well Written Essays - 500 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Legal System of Business

English Legal System

... to Law (Cambridge University Press 2007) Jacob J M, Civil Justice in the Age of Human Rights (Ashgate Publishing Limited 2007) Justice of the Peace Reports, Justice of the Peace Reports, Volume 151 (the University of California 1987) Marsh, S.B. & Soulsby J, Business Law (Nelson Thornes 2002) Mothersole B & Ridley A, A –Level Law in Action (Cengage Learning 1999) Rose-Ma-Antoine, Commonwealth Caribbean Law and Legal Systems 2/e (Routledge Taylor & Francis Group 2008) Thomas E W, The Judicial Process, Realism, Pragmatism, Practical Reasoning and Principles (Cambridge University Press 2005) Twining W & Miers D, How to Do Things with Rules (Cambridge University Press 2010) Whittingham R B, Preventing Corporate Accidents – An Ethical Approach...
8 Pages(2000 words)Essay

The U.S. legal system

...? The U.S. Legal System The U.S. Legal System The United s legal system refers to the full unified system of judicial, itarian and governmental organizations that together administer and impose the laws and regulations of the United States, control the judicial system and manage or deal with judicial disputes and appeals. They legal system of the United States consists of numerous official bodies at the state, federal, as well as local levels (Burnham, 2012). Statistics reveal that defendants are hardly ever found 'Not Guilty' by judges or juries. This might be due to the rule of double jeopardy, which forbids a defendant from being taken to court again with regards to a similar charge (Burnham, 2012). Usually when a case is unlikely...
5 Pages(1250 words)Essay

Rules and Legal System

...RULES AND THE LEGAL SYSTEM Rules are an Essential Component of Every Legal Sytem ________ ____________ Abstract Is it possible to severe rules from any legal system The theories of legal philosophy are looked into in order to determine how they view rules and what roles do they conceive that rules play in the legal system. Some induction is applied in this regard because the theories are not always explicit with regards to rules. Rules in the form of law, legal procedure and even principles in the process of their enactment and their roles during adjudication deserve attention. RULES ARE AN ESSENTIAL COMPONENT OF EVERY LEGAL SYTEM Introduction. This work seeks to discern whether rules are necessary in a legal system...
10 Pages(2500 words)Essay

US legal system and business law

Ethics are sometimes hard for individual people to grasp, but when we look at controlling the ethics of whole companies, the lines between money making and duty to ethics and principle sometimes become a little more grey. It seems sometimes the companies do not realize the lines they are crossing, or simply don't care. However, in the eyes of the public this bides horribly, as the ever watching eye of the public often keeps its stare gazed into what business are doing. And when business cross that scared line, people tend to let them know that very well.
One example that almost everybody knows about is the infamous Enron scandal. No company in recent news has become better known for corruption, and the crossing of the laws, et...
2 Pages(500 words)Essay

Legal System

... of the country's people. The lack of education or literacy rate in a country could lead it to the high crime rate among young people that provides incentives for committing crimes due to instable economical situation. With the provision of education in the people the rule of law may be strengthen. The primary and secondary educations are very important in this regard; they work as a base for the future education of an individual. We should strengthen the legal system and provide education to the people for strengthening the society. To provide a crackdown on the crimes and to eliminate unhealthy tendencies in the society we should understand the importance of law and the matters falling in the purview of the law should be left...
8 Pages(2000 words)Essay

Introduction to Business Law - legal system

Introduction to Business Law Introduction to Business Law Goes Here al Affiliation Goes Here Enclosed you will find my personal opinion on which candidates to choose from for hire within your company. Their backgrounds have been gone over and this will help you in making a competent and hopefully long term decision in this hiring process.
The most viable job candidates out of the primary list you sent to us emphasizes candidates 2 and 5 as the most reasonable choices to choose from in regards to their personal and criminal background checks.
It is my opinion that candidate two has had quantifiable time to grow and learn from his past mistake. After all, he was just a kid when the crime occurred and according to the Youth J...
2 Pages(500 words)Essay

English Legal System

...Word count 827 Order # 430457 d 11th April English legal system Summary of the case In the case R (E) v Governing body of JFS (2009),the admission of M, son of E was denied by the governing body on the grounds of lack of proper evidence for his Jewish origin. The specific reason quoted by the governing body was the ethnicity of the mother which was not treated as Jewish. The over subscription of the school led to refusal of several application of children, but the reason for the refusal should be proper. However, in the present case, the reason for the refusal of the admission was very illogical and discriminatory. Hence, E challenged the decision of JFS and appealed in the High Court. The High Court quashed the claims made by R...
3 Pages(750 words)Essay

Legal System

... of Lecturer Legal Systems 13 December Legal System A 2. D 3. C 4. C 5. C 6. B 7. C 8. A 9. B 10. B Solution to Essay Questions 11. The Fifth Amendment of the US constitution offers the citizens of the US protections against government actions that do not follow the rule of law. There are five major provisions of the Fifth Amendment. The first provision of the 5th Amendment of the US Constitution is that no citizen of the US should be made to face prosecution for a civic crime without initial indictment. The second provision of the 5th Amendment is the protection against double jeopardy and this means that a person accused of a crime may only be prosecuted once for each crime and if the jury acquits the accused, there cannot be a second...
2 Pages(500 words)Research Paper

English Legal System

Recently the House of Lords in the interpretation of Section 1 of the Criminal Damages Act 1971 opined that ‘Since a statute is always speaking, the context or application of a statutory expression may change over time, but the meaning of the expression itself cannot change’4 By virtue of the literal rule, judges take a literal interpretation of the words used in the specific statutory provision. Difficulties arise when the legislation can have more than one interpretation. Generally, the courts will adopt the literal rule first, often guided by safeguards such as found in the words of Denning LJ who said that ‘we sit here to find out the intention of parliament and the ministers and to carry it out, and we do th...
8 Pages(2000 words)Term Paper

Microprocessor System and Application

In a computer, a processor commonly involves one or more microprocessors (also acknowledged as chips), which are silvers of silicon or other substance stamped with many little electronic circuits. To perform operations on data, the computer passes electricity all the way through circuits to execute an instruction (Norton 2001.p. 5). The innovation in technology has brought a lot of facilities for us. We have better ways of life and all the facilities regarding better production and domestic tasks. Such as in the industrial production we have automatic robots that are welding, packing, moving and carrying out several other development-related tasks. These robots are pre-programmed and microprocessors based chips are controlling all...
6 Pages(1500 words)Assignment

The Management, Leadership and Teamwork Competencies Required by a Small Business Owner

On the other hand organizational leadership is defined as the ability based on the specific skill of an individual to lead his/her subordinates in a manner that pre-planned organizational goals could be achieved within the defined time-frame.

According to Burns (1978) and Bass (1985), transformational leadership has a set of category constructs such as values, morals, farsightedness, long term goals, principles, acute awareness about the dividing line between causes and symptoms, mission statements, strategic perspectives, and human resources. Similarly, they identify a set of category constructs in the transactional leadership also. For instance concentration on the task at hand, short term goals and tactics, confusion co...
6 Pages(1500 words)Coursework

Structure of the Educational System in Morocco and Its Capacity for Addressing the Needs of the Hospitality Industry

It is expected that the development of the tourism sector will assist in providing employment to the young and a valued source of income for the nation.

The tourism sector in Morocco has presented a strong growth of 6%, compared to a world average of 1.6% within the last decade (Alkhatib, 2008, Pp. 2). However, the tourism sector in Morocco must compete with other regional attractions, including those that are found in Egypt, which presented a growth rate of 20.6% for its tourism sector within the same period. The Vision 2010 strategy developed by the government in Morocco in the year 2001 in concert with the private sector targets attracting 10 million tourists compared to the 4.4 million in the year 2001 to generate...
15 Pages(3750 words)Research Proposal

Business Information Systems

...Club IT - Part Three of Phoenix BIS 219 Introduction to Business Information Systems Club IT – Part Three _________ _________ DATE ________ Table of Contents Table of Contents 2 Abstract 3 Overview 3 Business background 4 Current Technology Structure of Club IT 5 Problem Assessment 5 Club IT Business Goal and Strategy 6 Assessment of Needs 7 IT Solutions for Club IT 8 Decision Support Systems/ DSS 8 Customer Information System 8 Data Mining for Business Performance 9 Enterprise Resource Planning 10 Supply Chain Management 11 Customer Relationship Management 11 Conclusion 11 Bibliography 12 Abstract Club IT is a nightclub that is currently operating with the traditional technology structure. Club IT nightclub is most popular club in its...
8 Pages(2000 words)Case Study

Business Administration

... on a worldwide basis. In five years I see myself managing the technology department of an enterprise. I also want to lead the team of professionals in providing services to the clients with the help of the state-of-the-art technology infrastructure. Using the knowledge that I will obtain from the Information Systems & Management Department at the Warwick research department, which focuses in various settings and technical involvement, including the E-Business model and business knowledge along with the Finance Group research will help me make my contributions to the Warwick MBA Programme given my experiences within these fields. By becoming part of the Warwick MBA program will place me in a position where I will be able to help the faculty...
6 Pages(1500 words)Essay

Identification of problems in the Criminal Justice System of the US

They are on trial and will be dealt with fairly. These laws ensure that no one, even if he or she has committed a crime is abused or punished cruelly.
Following the history of civilization like in china, we see the traces of systems for Criminal justice in order to provide safety for the citizens. Evolving through the years laws have been modified and changed to form the system that we know today.
 From its start, the “U.S. criminal justice system” has advocated the idea of “checks and balances”. To avoid dictatorial rule, the people who founded this system in such a way that one person was not given control or authority completely to punish the criminals. The idea of assigning a ‘jury...
6 Pages(1500 words)Assignment

Business Plan Real Estate Agency

re representing our company as their business consultants and our responsibilities are limited to the knowledge of the client’s business and information provided by the client.
The company Of-Fit has been operating as office supplies and equipment supplier since 1998. Their corporate office is in Aberdeen and it has excellent industry relations. The company is a sole proprietorship and its owner is Mr. Andrew Schwatz who has been working in the industry for more than 20 years. The company current staff is 8 and its revenues are £115,690 and £156,178 in 2008. The company aims to expand its operations in other business areas and regions of the UK.
The detailed business plan developed for this report incor...
12 Pages(3000 words)Business Plan

The Main Threat to Small Business

When it comes to reliability factor big businesses are able to sustain because of their track record. Big businesses are able to pacify their customers using their past successful track records.
Nowadays most of the business opportunities and orders are posted online. This means that business providers need to be well integrated with supplier systems through online facilities. The infrastructure of the business model needs to be updated. But this is not an easy task for small businesses. E-based procurement is possible only with a well-maintained network on the internet. This requires a lot of financial and technical necessities which could not be supported by small businesses. On the other hand, Big businesses are well equip...
8 Pages(2000 words)Assignment

Business Sustainability and Society: Coca-Cola Company

...Running Head: Business Sustainability & Society Business Sustainability & Society [Institute’s Business Sustainability & Society Introduction Since centuries, ethics has been a crucial and significant component of the human societies that contributed enormously in the creation of norms and values through religious influences, as well as through contribution of intellectuals and philosophers in the society. Unfortunately, nowadays, it is an observation that individuals, organizations, and even nations have commenced to overlook the phenomenon of ethics in their practices, specifically in the business sector that has become the major stakeholder confronting criticisms related to ethical practices. Critics (Crane, pp. 23-29, 2007) argue...
10 Pages(2500 words)Case Study

International Business: World Economic Forum and Davos 2010

While each force of globalization is important, the technological revolution has impacted the business models, value creation and differentiation (Spelman, 2010). The cloud computing technologies that have made the popular social networking applications possible are now being applied to development, healthcare, and society. Today mobile telephones are more like powerful computers that take care of many of the societal challenges facing both developed and developing countries (Evans, 2010). In Chile, new software enables weather information to farmers who can now make informed decisions on when and how to sow or harvest the crops. However, the fear or ignorance of cloud computing technology could harm the chances of the SMEs becomi...
7 Pages(1750 words)Coursework

English Legal System, Contract Law, Business and Law

...1. It can be d that during the contemporary period, most of the law used does not only come from Parliament but from cases that were decided by the judges on the basis of previous decisions made which is known as case precedent. This is also called common law and it has a strong background to the English legal system which is also called the doctrine of precedent or “stare decisis.” However, the courts do not necessarily need to stick to their past decisions but need to adapt the inherent basic principles of common law in order to deal effectively with the complexities of modern organised society (Pearl Assurance Co v Union Government) 1934 AD 560 (Gibson, 1988). Changes can be made to the doctrine of precedence or codified into statutory...
19 Pages(4750 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Legal System of Business for FREE!

Contact Us