Litigation
I need a response to this for Business and Law Class
Phyllis Ruska posted Mar 19, 2022 10:10 AM
The steps I would take to figure out the most accurate and efficient way to find out why customers are filing complaints would be to announce on the company’s websites and social media platforms, as well as any other similar mechanisms offline, that the company wants to know why customers are filing complaints. Another method to identify why customers are filing complaints would be to create focus groups involving our customer service department, work through the reasons for the problems, and identify solutions.
Both mediation and arbitration involve a third party resolving a disagreement. However, in arbitration and mediation, the mechanism of a result is fundamentally different. In mediation, the parties choose a neutral third party to assist them in reaching an agreement on a contested issue or topic. The role of the mediator is to listen to both parties’ points of view and interest, make resolution options if necessary, and assist them in achieving an amicable agreement. Mediation may be voluntary or required by state or federal legislation. The mediator does not have the authority to compel the parties to reach an agreement, nor can they impose their interpretation of a resolution on them. Any advice provided by the Mediator does not bind the parties to make a solution to the dispute.
In arbitration, the parties agree on an impartial third party to hear both parties’ viewpoints and arguments, assess witness testimony and documentary evidence, produce an opinion, and award settle the matter at hand.
Future contracts should include a language mandating that all concerns be settled by alternative dispute resolution (ADR), such as arbitration, before going to court. This clause will enable the corporation to separate the complainants and resolve the issues without litigation.
If required dispute resolution fails to produce a satisfactory agreement for both parties, or if there is not an alternative dispute resolution clause, those involved in the dispute can result in negation and settlement.
Reference
Pagnattaro, M. A., Cahoy, D. R., Magid, J. M., Reed, O. L., & Shedd, P. J. (2022). The legal and regulatory environment of business. McGraw Hill LLC.
ANSWER
Litigation
Post Response
I agree with Phyllis that announcing on the company website and creating social media platforms or any other mechanism offline that the company can use to gather customer insights and know why customers are filing complaints. Creating focus groups that include the customer service department can be effective in understanding the problems and identifying solutions. One of the simplest ways of identifying issues with your customer service is to ask customers. This can be done by giving customers an option where they can air their complaints. Asking the customers helps provide at least one open-ended question where clients can share their thoughts. The questions often result in helpful insights that help identify problems and create subsequent solutions.
Arbitration and meditation are alternative dispute resolutions intended to prevent unpredictable and high-cost outcomes (Balzer and Schneider, 2021). I agree with Phyllis that arbitration and meditation involve a third party resolving a disagreement. The third party in meditation is chosen as a neutral party to help them reach an agreement about an issue or topic. The mediator helps the parties arrive at a mutual solution by listening to both parties and making resolutions where necessary. Arbitration enables the parties to adjust the precise balance of practical protections to efficiency (Balzer and Schneider, 2021). Parties can choose arbitrators that they feel are best suited to resolve their disputes. An arbitrator requires familiarity and experience in an industry that could expedite dispute resolution. I agree with Phyllis that future contracts should include a language mandating that all concerns be resolved using alternative dispute resolution such as arbitration and meditation before proceeding to the court of law. This is effective since it will enable solving disputes without litigation. Alternative dispute resolution gives parties in dispute a chance to work through issues through assistance by a neutral third party which is less expensive and generally faster than going to court.
References
Balzer, B., & Schneider, J. (2021). Managing a conflict: optimal alternative dispute resolution. The RAND Journal of Economics, 52(2), 415-445.
