Part 1 Discussion: Alternative Dispute Resolution (200-300words)
In Chapter 2, we cover the topic of alternative dispute resolution (ADR). I am a big proponent of the various methods of ADR, having utilized one or another throughout my legal career. The benefits of ADR, in my opinion, significantly outweigh the drawbacks (of which, the Chapter does a nice job of pointing out the advantages and disadvantages of the various methods of ADR). Negotiation was the most often used form of ADR, however, if the opposing attorney and I could not reach a settlement, I nearly always suggested (insisted) upon binding arbitration. Utilizing alternative forms of resolving disputes is the trend. In all likelihood you will enter into a contract that provides for one form of ADR or another. To further the point, nearly every contract I drafted included an arbitration clause (and once in awhile a mediation provision) requiring the parties to those contracts to resolve their legal differences outside of the courtroom.
For this discussion refer to Business Case Problem 2-6, Horton Automatics v. The Industrial Division of the Communications Workers of America, AFL-CIO, at the end of Chapter 2 of the text.
Apply your legal reasoning in the IRAC format starting with the issue as stated at the end of the Business Case Problem: Can a court set aside the Arbitrator’s order? Why or why not? For this discussion assume the arbitration provision is binding on the parties.
Rule: what rule(s) do you apply?
Application/Conclusion: legally analyze the rule(s) to the facts to reach your conclusion.
Also, comment on your thoughts of ADR. Would you prefer the traditional legal process of the courts? Would you enter into an agreement with a binding arbitration clause? – A significant number of contracts [particularly employment contracts] I drafted for clients included binding arbitration clauses. Have you ever engaged in any form of ADR?
you will select an article from a business periodical which generally relates to this course and write a brief summary and analysis. When choosing articles for this weekly assignment, you should ask yourself “Would this article be interesting to a student in this course or to someone who is working as a business professional?” This is an individual project. Two points are deducted each day assignment is late.
Each article analysis assignment shall include four parts:
i. Title of the article, date of publication, and author (note: The Economist does not provide author’s names on articles) of the article that you selected;
ii. A paragraph(s) summarizing the content and context of the selected article;
iii. A paragraph (or more) of your reflections where you clearly and succinctly analyze the article, reflecting on its meaning as it relates to your coursework in this class and/or its usefulness for business professionals seeking to become legally-astute managers, entrepreneurs, government regulators, etc. This analysis paragraph should include at least two references to the readings, resources, and/or discussions which are covered in the course; and,
iv. A link (URL) to the article
Recommended sources for your article: