SLP Intellectual Property, Insurance, And Alternative Dispute Resolution (ADR)

SLP Intellectual Property, Insurance, And Alternative Dispute Resolution (ADR)

Alternative dispute resolution(ADR) is any dispute resolving method that does not involve a public court system and does not involve any governmental authority. The most common techniques of ARD include Arbitration, Mediation, conciliation, and negotiation.

Arbitration greatly imitates traditional court settings as there are rules of evidence similar to those of traditional court settings. For example, hearsays are not considered evidence. There are different kinds of arbitration: national arbitration, which settles disputes at the national level. International commercial arbitration which settles trade disputes between traders from different states and investor-State arbitration, which settles disputes between private individual investors and a host State regarding issues about investment (Stražišar, 2018). Other types of arbitration include construction arbitration and post-merger and acquisition arbitration. Mediation is where a third party helps conflicting parties solve their disputes through communication and negotiation techniques (Abdunayimova, 2020). The parties are required to air their views, and there are no formal rules involved in the process. Negotiation allows parties to meet and solve their disputes without involving a third party. In most cases it is used to solve disputes before other techniques are involved. Conciliation is where a conciliator meets the disputing parties separately to hear from each of them and then meets both parties together to solve disputes. This form of dispute resolution is mostly used at the threshold of dispute.

All Alternative dispute resolution techniques have one common goal: to solve a dispute amicably without involving court cases and trying to restore relationships between the conflicting parties. Advantages of ARD include flexibility, saving time and cost, and involving experts (Balzer, & Schneider, 2021). Compared to court cases ADR takes less time as there are no formal procedures. Court cases take long due to the strict procedures. ARD is also cost-effective as there are fewer charges incurred during the dispute resolution process. The technique also allows the parties to choose the type of ARD they want to solve disputes, making it a flexible technique. In some methods of ARD, the conflicting parties can choose their own dispute resolution expert.

The first technique that Stacy should consider is negotiation. She should go to OSHA and negotiate by herself for withdrawal of the fine. Stacy must state why the wiring was done wrongly and why she doesn’t have appropriate safety shields on her mixers. The reason must be genuine but convincing. Stacy must show the officers that she understands the risk of having inadequate wiring and no safety shields. The officers at OSHA will most likely ask what she intends to do about the situation. Stacy must therefore be ready to say how she is going to solve the wiring situation and purchase appropriate safety shields on her mixers soon. During dispute resolution, she should maintain a calm but apologetic attitude. If she can convince the officer, she should meet her part of the bargain to avoid future problems. If she cannot convince the officer, she should seek the mediator's services. She should explain to the mediator why she was fined in detail to enable the mediator to mediate on her behalf successfully. Stacy should be careful to meet her part of the deal with OSHA and the mediator. Stacy should put effort into ensuring the case is solved using alternative means and not in court.

In conclusion, intellectual property, insurance, and alternative dispute resolution (ADR) are important topics in business law. They help businesses protect their assets and resolve disputes without going to court. However, each topic has its benefits and drawbacks, and businesses should carefully consider which option is best for them. The best option for Stacy is to try to negotiate with OSHA directly, followed by mediation if necessary. If she cannot reach an agreement through these methods, she should consider conciliation or arbitration.

References

Abdunayimova, D. (2020). Alternative Dispute Resolution Clause: A Way of Solving Case. The International Journal of Social Sciences World (TIJOSSW), 2(2), 1-5.

Balzer, B., & Schneider, J. (2021). Managing a conflict: optimal alternative dispute resolution. The RAND Journal of Economics, 52(2), 415-445.

Stražišar, B. (2018). Alternative Dispute Resolution. Право. Журнал Высшей школы экономики, (3).