For each of the following scenarios, state whether you believe litigation, ADR, or criminal prosecution is the appropriate response and explain your answer, citing information from the textbook as support for your positions.
Adele is a secretary for her company. As part of her responsibilities, she can write checks for the purchase of office supplies. One week, she is short on cash and may not have enough money to buy groceries for herself and her daughter. She writes a check out to herself, intending only to do this once and reimburse the account. She never does, though, and finds herself in a similar situation a few weeks later. This happens several times and Adele ends up taking a large amount of money from the account. Eventually, the accounting manager discovers a discrepancy and confronts Adele, who admits to writing checks to herself.
I believe in this case, ADR is the appropriate response. Alternative dispute resolution (ADR) is a popular and common group of
methods to resolve disputes in many different contexts. In business, ADR is commonly used in business to business (B2B), busines to consumer (B2C), and business to employee (B2E) disputes. Several methods of ADR exist. The most commonly
employed methods include negotiation, mediation, and arbitration. Under federal law, national policy favors arbitration. Sometimes ADR is perceived as unfair, because parties have unequal power relative to each other or because the subject
matter of the dispute is not considered suitable for ADR. Like other areas of law and public policy, ADR is dynamic and subject to change, particularly when special interest groups coalesce successfully and create momentum for change within our legal
system. Currently, there is a nascent mov...
... middle of paper ...
... signed an agreement stating they would accept arbitration in the event of a dispute. Arbitration is basically a court case that is heard by a panel of attorneys or a single attorney instead of a judge or jury. It is less formal than litigation in the court system, and while not without cost, arbitration can often be cheaper than a court case due to the less stringent rules governing the proceeding. (Free advice, 2016)
Arbitration can sometimes occur at later phases in litigation, such as during the trial, when parties agree that they want to expedite the case or limit costs, which could be exactly what is needed in this case.
Free advice. (2016). What is litigation?. Retrieved from
Lau, T. & Johnson, L. (2011). The Legal and Ethical Environment of Business (Vol. 1). Flat World Knowledge.
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