Research—The purpose of this research is to identify potential alternative dispute resolution strategies that could be used by M-Core. You will do this by looking at how companies in other industries have dealt with similar issues.
Topic : Alternative Dispute Resolution
Instructions for Topic A: In the Response row, each team member must identify at least two companies that use different alternative dispute resolution strategies.
In the Response row, identify whether the company has been successful or unsuccessful.
In the Response row, explain how M-Core could use the company specific strategy from each company researched.
Response to Topic A:
The company employs an ADR strategy that constitutes a program accessible to all company employees. The program is open door, meaning that ADR service are available to the employees when need be. Senior company specialists are charges with the responsibility of overseeing the success of the program. The senior specialists team is made up of trained, qualified and impartial fact finding individuals, who employ their expertise in offering dispute resolution services in the company (Cheeseman, 2010). This program allows for diverse evaluation of the issue at hand. Meetings are held between the conflict parties and the open door program specialists while investigations on the same issue are done confidentially. Information gathered is then analyzed in line with the rule of law and company requirements, after which a decision is arrived at.
This ADR strategy has helped Intel corporation in a number of ways. First, the program provides employees with recommendations on conflict resolution. It provides the management with a basis upon which future conflicts can be avoided, alongside offering a resolution ground for the current disputes. Workable solutions have therefore been realized through this program. The most important aspect of this program is that employee participation in all activities undertaken by the program is not penalized, and therefore employees can express their concerns without fear of being sacked. This factor has facilitated the success of Intel Corporation in its ADR.
Most of this company’s disputes emerge from liability claims. The company previously used to traditionally litigate claims. This means that it engaged the courts in litigating its claims. Court procedure for resolving disputes seemed favorable for the company, but the cost of the process in terms of both time and money raised concerns. The company realized that in most cases the claims were settled before trials took place and of course not before preparation time for the case (Jennings, 2006).
In this regard, the company adopted mediation strategy for its ADR. This strategy allowed the company to significantly cut on the cost of making claims as well spare time for other activities within the company that generally improved the company’s welfare in business. Risks associated with the jury trials were avoided in the process. Using a mediator resolved the liability claims in weeks rather than the usual years of court proceedings before a judicial decision was passed. The success of this ADR strategy is denoted by the rising number of cases that are resolved through the pre-litigation procedure and the amount of money that the company saves in damages.
How M-Core Could Use the Company Specific Strategy
An ADR strategy would effectively benefit M-Core especially if the company adopts a similar strategy to that of Intel Corporation. Intel’s ADR process works towards making the company’s business practices aligned in such a way that the operations and functionality of the company are efficient and produces maximum benefit in line with the goals and objectives of the company. This strategy promotes fairness alongside trying to offer the best resolution to a dispute. M-Core’s practices are likely to elicit legal liabilities due to rights of property ownership. The court resolution method has been proved to be expensive and time wasting. In case of legal litigation, the M-Core company can consider adopting Toro company’s ADR process.
Instructions for References: In the Response column, list each reference using APA format.
Cheeseman, H. (2010). Business law: Legal environment, online commerce, business ethics and international issues (7th ed.). Upper Saddle River, NJ: Prentice Hall.
Jennings, M. (2006). Business: Its Legal, Ethical, and Global Environment (7th ed.).