ADM 477 Business Law Dispute Resolution Paper
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ADM 477 Business Law Dispute Resolution Paper
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.
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.”
RUBRIC
Excellent Quality
95-100%
Introduction 45-41 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Literature Support
91-84 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Methodology
58-53 points
Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.
Average Score
50-85%
40-38 points
More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.
83-76 points
Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.
52-49 points
Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.
Poor Quality
0-45%
37-1 points
The background and/or significance are missing. No search history information is provided.
75-1 points
Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.
48-1 points
There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met
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