Alternative Dispute Resolution Essay Example | Topics and Well Written Essays - 1500 words

Alternative Dispute Resolution - Essay Example According to the research findings, Alternative Dispute Resolution (ADR) entails an independent third person termed as â€Å"neutral† whose function is to attempt to resolve or slim the areas of disagreement. Employment of ADR in early stages of the case can lead to a better-organized, cost-effective declaration of conflicts with intense contentment to the involved parties. A massive preponderance of the civil cases, encompassing marital divorces, filed in several courts across the nation is resolved using ADR. The effectiveness of ADR made it to be recommended in the Woolf Report 1996. Lord Woolf of Barnes who is professor and Chairperson of the UCL Council had an ancient interest in alternative dispute resolution and mediation. His report, admission to justice, 1996 was recognized to have been an accelerator for the growth of ADR in England. He had massive interest on the subject to extend of lecturing on ADR in both the United Kingdom and several countries overseas. He also presided over the system of the leaders of Supreme Trial Courts of the working group of European Union on its International Dispute Management Advisory Group, initiated in 2005. Therefore, Alternative Dispute Resolution is highly effective and cannot fail to be acknowledged by prominent people like Lord Woolf. That is the reason why it was recommended in the Woolf Report 1996. The paper presents three types of ADR and state where they are likely to be used.... That is the reason why it was recommended in the Woolf Report 1996 (Stephen and Marsh 2002). Give three types of ADR and state where they are likely to be used. Types of Alternative Dispute Resolution Conciliation This is the initial stage in the arbitration process particularly in consumer conflicts, and the conciliator is normally a member of the trade union. Both the consumer and the supplier have to issue written specifications of the complaint, encompassing any evidence whereby the conciliator provides a judgment on the best resolution (Totaro 2008). Any verdict is not obligatory and cannot stop the consumer from filling the case in a court for further action. If the consumer opposes the opinion issued, the consumer can then progress to the arbitration stage or consider going to court. The conciliation process does not involve any charges. Arbitration Arbitration is the process of resolving conflicts in which both the consumer and the supplier concur to accept the decision of th e arbitrator as legally obligatory (Schwartz 2005). This shows that the consumer can no longer take the case to court for further action, not unless the supplier fails to pay the award needed. Note that, unlike the conciliation stage where the conciliator is just a member of the trade union, the arbitrator mist be a member of the Chartered Institute of Arbitrators and mostly makes independent decisions that are not related to the trade. The arbitrator always comes to his or her only conclusion after going through the written evidence presented by both the consumer and supplier (Lynch 2001). The decision is private and cannot be publicized without the accord of the supplier. The consumer has to pay the registration fee, which may be reimbursement if the case favors him or her. Certain

Issues and controversies in management project Case Study

Issues and controversies in management project - Case Study Example McDonald's evidences the validity of the stated. Renown for its corporate social responsibility record in its home country, and owing a sizeable percentage of its market share to this, upon expansion into foreign markets, McDonald's exported its CSR principles along (Bronn, 2006). Hence, in the 32 of the countries in which it operates, it has over 200 Ronald McDonald Houses, charity organisation which support underprivileged children (Bronn, 2006). It has also embraced environmentalism and committed itself to green practices, publicly acknowledging its responsibility towards the preservation and conservation of an increasingly fragile environment and ecosystem (Paton, 2007). Operating on the basis of these and other practices designed to underscore its commitment to CSR, McDonald's has successfully entrenched itself in the communities within which it operates. Indeed, a significant part of its market success and ability to penetrate the barriers to foreign market entry are a direct o utcome of the fact that it projects an image of a company which wants to give, not just take, from its community (Paton, 2007). Corporate ethics, albeit strongly related t... rnationalisation, it is imperative that multinationals acquire an understanding of the ethical systems particular to the foreign markets in question and adhere to them. For instance, in some cultures, gender segregation is an inviolable ethical principle, with the implication being that foreign entrants should adhere to this practice. In others, child labour is not viewed as unethical and the employment of children may be interpreted as the extension of assistance to an impoverished family. However, since this last is not viewed as an ethical practice and its implementation as universally unethical, not to mention a violation of international law, multinationals who engage in this practice may irreparably damage their market standing. This means that in designing their ethics guidelines, companies must create a fine balance between international and national ethical systems. McDonald's has managed to achieve this balance. On the one hand, it adheres to universal ethics guidelines whi ch dictate the imperatives of fair wages, non-discriminatory labour practices Royle, 2005) and quality goods from suppliers (Verschoor, 2001). On the other, it respects the cultural ethics of its host environments whereby, for example, it does not employ women in its restaurants, in concession to the segregation precept, although it does in its offices (Heck, 2003). The point here is that upon entry into foreign markets, the company does try to embrace and adhere to local ethical precepts, even as it abides by international ones, so as to facilitate entry and acceptance. Branding Competitive advantage is a critical determinant of successful entry into foreign markets and of surviving the challenges of globalisation and realising its promises. Branding is a managed process to