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Posted: April 30th, 2022
Alternative dispute resolution methods
Discussion questions
Please answer the discussion question. Both should be 250 words a piece. Please writ each discussion question on a separate sheet of paper. Give 1 to 2 references for each question
1. Discuss the different types of alternative dispute resolutions (negotiation,
mediation, and arbitration) and the pros and cons of each
2. Discuss the basic principles of jurisdiction from the text and from the
landmark case of International Shoe Co. v. Washington, 326 U.S. 310 (1945).
Please make sure to specifically discuss the concepts of “fair play and substantial
justice” and “minimum contacts” from International Sho
Question 1
Alternative dispute resolution methods
Alternative dispute resolutions are gaining popularity as an alternative to litigation as many individuals, corporations, and companies are adopting one form or the other to settle disputes. There are different forms of alternative dispute resolutions, including negotiation, arbitration and mediation. They have their pros and cons, which need to be considered before adopting the litigation process (Kumari, 2020).
Negotiation
This the most common form of alternative dispute resolution and is the least formal. Negotiation is the first form of dispute resolution whereby the parties involved conduct talks in solving issues. It is most preferred because it is inexpensive and time-saving. However, this form of dispute resolution has no assurance of resolution since no third party is involved in facilitating the process (Shamir, 2016).
Mediation
This involves an impartial mediator that comes in handy to help the parties reach a mutually acceptable resolution by offering options or helping the parties craft a settlement process. The main advantage of this process is that it is less expensive than hearings, and both parties are involved in choosing a substantiate and knowledgeable mediator to solve their differences (Shamir, 2016). Moreover, the process is flexible, and the mediation can be conducted in a central place at an agreed time. However, it is not without a share of cons. Firstly, an incompetent mediator may jeopardize the mediation. Additionally, the party’s rights may not equally be represented. The mediator does not give a final verdict.
Arbitration
This involves a third party, the arbitrator, who hears the arguments and evidence presented by both parties then impose a resolution. The main advantage of arbitration is that it is a formal form of dispute resolution, thus, compels some form of decorum. Additionally, it is a confidential process; thus, both parties are assured of confidentiality. Its major con is an unsatisfactory outcome that many results in litigation (Shamir, 2016).
These dispute resolution forms have a similar objective of dispute resolution in a short time, expensively while minimizing emotional turmoil and any form of inconvenience to the parties involved.
Question 2
. International Shoe Co. v. Washington, 326 U.S. 310 (1945).
International shoe Co. v. Washington is a landmark case in the U.S. supreme court that defined issues that affected interstate commerce concerning personal jurisdiction according to the Fourteenth Amendment provisions.The company employed salespersons, deployed in that conducted business in Washington, but evaded the unemployment tax imposed by the state of Washington state for all businesses conducted within its jurisdiction when the state served the salespersons; they reported the issue to their head office in Missouri. The international shoe Co appealed to the supreme court after the courts dismissed the following arguments.
Fairness requires that the court’s assertion of personal jurisdiction is determined to meet the requirements whereby the nonresidents must meet certain conditions to avoid violation of the defendant’s rights to receive fair and justice trial. In this case, the court needs to establish the salespersons’ minimums contact with Washington’s state before the hearings (Cases briefs, 2020).The key element of the cases was to determine the minimum contact whereby the courts had a mandate to determine if the corporation had significant business in Washington, which mandated them to pay the unemployment tax, which they determined that the salespersons conducted business in Washington on behalf of the company thus their operation was systematic and continuous. Consequently, they were mandated to adhere to the jurisdictional laws of Washington states. Therefore, in line with the due process clause, the corporation was subject to personal jurisdiction concerning the minimum contacts it had with Washington state (Cases briefs, 2020).
.
References
Kumari, P. (2020). Alternative Dispute Resolution (ADR). Available at SSRN 3626625.
Shamir, Y. (2016). Alternative dispute resolution approaches and their application.
Cases briefs ( 2020) https://www.casebriefs.com/blog/law/civil-procedure/civil-procedure-keyed-to-cound/jurisdiction-over-the-parties-or-their-property/international-shoe-co-v-washington/ ( Retrieved August 26, 2020)
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