In: Accounting
1- Take this opportunity to tell me (1) 4 different types of methods of resolving business disputes, (2) briefly describe each, and (3) at least two advantages and one disadvantage of each method.
Method of resolving dispute |
Brief description |
Advantages |
Disadvantages |
1. Negotiation | |||
Using a third party expert to give an opinion, and try to resolve the case. | |||
Usually faster and cheaper than litigation, final decision, nonpublic | |||
Costly, takes longer, usually destroys business relationship |
2- What are 4 things that a CEO or the Board of Directors can do to promote ethical behavior within the company?
3- Tell me the difference between a question of law and a question of fact, who decides facts, and then tell me which court (trial or appellate) would handle only questions of law.
Difference between a question of law and a question of fact
Who decides facts,
Which court (trial or appellate) would handle only questions of law
1. Methods of dispute resolutio are:
Negotiation, Mediation, Arbitration, Litigation
Method | Brief Description | Advantages | Disadvantages | ||
Negotiation | It is the discussion among the parties in conflict with an aim to find the solution and set put the differences | Quick, inexpensive, private, confidential, can result in a win win situation | Unstructured, informal and depends on voluntary participation | ||
Mediation |
|
Private, confidential, promotes communication between parties, can make mutually acceptable decisions | The decisions are not binding, slightly unstructured, does not work entirely as per the legal system | ||
Arbitration | The impartial person (arbitrator) is provided with the case to resolve it |
|
The conflicting parties do not have a greater say in the final decision | ||
Litigation | Uses the courts and the justice system to resolve the case | final and binding decision, structured, runs as per laws | Costly, takes longer, usually destroys business relationship | ||