Dispute Resolution Systems Design for Rapid Printing

Extract

[...] Assume that the dispute between Rapid Printing and Scott Computers has been resolved. As a result of this dispute, B. R. Brown, the President of Rapid Printing, realizes that the company needs a dispute resolution system for dealing with business-to-business disputes in the future. Brown hires you as a consultant and asks you to design a dispute resolution system. In creating this system, see the attached Materials on Alternative Dispute Resolution. If you rely on any of the attached Materials, either through quotation or paraphrase, cite them in footnotes. [...]

[...] More expensive resolution systems 2.A. Administered As it is written in the name, this approach requires the involvement of a separate administering entity during all the process. Administered can be a court or an independent entity that functions much like a clerk who manage the process in the resolution of conflict, it includes the filing, docketing and logistical, administrative and for finish secretarial support. Because of its significant involvement, the administering entity charges a substantial fee for its services. 2.B. [...]

[...] In that case, the assisted dispute resolution services can be customized (like fund holding, award review . ) can be provided following the request of the parties. This approach is very interesting because the parties pay only for the services that they use. With a flexible mix between self-administered resolution process with occasional administrative support, this choice is very interesting because very adaptable to the situation. Other resolution systems Note that if we want to be closer to recent events for our company, especially in its dispute with Phillips, another way to resolve the conflict may be to introduce a clause in the contract that stipulates the process in case of dispute. [...]

[...] Fortunately, that's not the case of the following system of dispute resolution: arbitration. 1.B. Arbitration Arbitration is referral of a dispute to one (or more in function of the conflict) impartial persons who have the power to take the final decision, it's called the award. This system has the advantage of being private and confidential, it is designed for a quick, practical, and economical dispute resolution. In addition, the parties may exercise additional control over the arbitration process by adding specific arbitration clauses in case of a conflict when they sign the contracts. [...]

[...] Here, we will focus on dispute resolution instead of dispute prevention. Here we will list the different methods that can be used to resolve a conflict. Each method can be effective if used for the appropriate conflict. The least expensive resolution systems 1.A. Mediation Mediation is a meeting with disputants, their representatives, and a mediator to discuss about understanding. Here, the mediator's role is to help the disputants explore new issues and see all settlement options disputants can have. The main advantage for this system is that any type of dispute can be resolved quickly and mostly, inexpensively. [...]