Question
Please help me reply with these tow posts: Al Galan posted Sep 20, 2024 8:58 PM Subscribe Hello Team! The three types of Alternative Dispute
Please help me reply with these tow posts:
Al Galan posted Sep 20, 2024 8:58 PMSubscribe
Hello Team!
The three types of Alternative Dispute resolutions we could use are negotiation, arbitration and mediation. Negotiation is "a procedure whereby the parties to a legal dispute engage in discussions to try to reach a voluntary settlement of their dispute." (Cheeseman, 2021) A Mediation allows for a third party to mediate between both parties and help them come to a settlement. The mediator is unable to give a decision or reward, only help both parties come to an agreement. Lastly there is arbitration which is also done by a third arty except they are Arbiters and normally work on cases in which there is an arbitration clause involved.
In our situation I believe that mediation is the best route, because of the manner of the case. The user did lose the race also it's hard to determine that the outage of the service was the true cause. With our company's stance on providing the best service for the customer and staying out of the media's negative light it would be beneficial to mediate. This would allow the user to properly convey their grievance and also settle for a lower amount than $100,000.
Post 2:
Heather Mccool posted Sep 18, 2024 8:58 AMSubscribe
Given the potential negative publicity and financial implications of a lawsuit, iHiker should consider alternative dispute resolution (ADR) options to resolve the dispute with the dissatisfied user. I recommend that iHiker pursue mediation as the most suitable ADR option in this case. Mediation is generally less expensive than litigation, as it involves fewer legal fees and court costs. Proceedings are typically confidential, which can help protect iHiker's reputation and avoid negative publicity and can help preserve a positive relationship between iHiker and the dissatisfied user, which could be beneficial for future business. (Cheeseman (2021))
While arbitration could also be considered, mediation may be more appropriate in this case because it offers greater flexibility and the potential for a more amicable resolution.
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