Arbitration: Arbitration is an alternative to litigation for resolving disputes. It is defined as a process through which a neutral party (the arbitrator) listens to the two parties’ dispute and then makes a ruling that is usually binding on the parties. In comparison to litigation, the parties control the process so that they have say in certain rules such as degree of formality, privacy, and the arbitrator. In the end, this alternative dispute resolution is cheaper and quicker which leads to an overall sense of satisfaction for both parties. The arbitration process is outlined in Clause 19 of the Airbnb Terms of Service. Before potentially engaging in arbitration, the two parties will attempt to negotiate an informal resolution with the …show more content…
It arises when the plaintiff decides to take legal action and initiate a lawsuit against the defendant. Like stated above, litigation is the most expensive and the longest dispute resolution method. Not only that, but neither parties have any choice over process and decision maker. Litigation is far from private and typically ruins any relationship the parties have had. Then again, no agreement to proceed is required and the case itself sets the precedent for the future. When relating to Airbnb, the most common cases are where Airbnb is involved in a litigation process with a city regarding its zoning laws. Some examples are San Francisco and New York City which involved a long and grueling process. Then again, apartment management companies and actual members are also known to engage in suing Airbnb. Since they are a popular company, there a little to no loopholes one can find to sue Airbnb. In addition, this method is not as popular since in Canada, the losing party pays a portion of the winner’s legal costs which increases the risk of losing and discourages most plaintiffs. Relating to this fact, Airbnb will try and choose the best of the best to represent them which increases their costs but also their chances of winning which could also discourage others from …show more content…
This aspect is defined as unreasonable conduct for the situation at hand. This includes carless acting or omissions which cause harm to another person/party. Airbnb’s policy depends on the location of which you reside in to establish negligence. For example, if you live outside the U.S, it does not affect Airbnb’s liability for death or personal injury arising from negligence. Although, if you reside in the EU, the Airbnb Platform will be liable under statutory provisions for intent and gross negligence by Airbnb or any other representatives or affiliates. In addition, they are also deemed liable for any negligent breaches of essential contractual obligations. After researching negligence related to the Airbnb Platform, I found an interesting article which I will discuss. A 51-year old woman is seeking to hold Airbnb accountable for an alleged sexual assault by a host who was not properly screened. The background of this story is that this woman rented a room from a host who’s been previously accused of domestic violence. Airbnb claimed it has conducted a background check on this man but since he was not convicted, they allowed him to be a host. As this event is still ongoing, the host has been removed from the platform until further notice. Since this case was a one-of-a-kind in relation to Airbnb, I decided to discuss it since the plaintiff was suing Airbnb for
Alternative Dispute Resolution (ADR) involves resolution methods and approaches that fall outside the structure of the judicial process. Despite its praise in preventing costly litigation and unpredictable outcomes when there are severe disagreements and impasses this, there have been objections to ADR in the past. Still, alternative dispute resolution has increased its comprehensive reception among the legal profession and business world, in recent times. In fact, numerous courts require applicable parties to remedy through resolution before consenting the parties' cases to be heard. In addition to the increased caseload of traditional courts, its growing popularity can be linked to the perception that ADR levies lower costs and
While the restorative justice movement has risen in recent years, the idea of circle sentencing, or peacemaking circles has been practiced in indigenous cultures for quite some time. As we look at implementing traditional indigenous culture practices as alternative dispute resolutions, we need to realize the effectiveness and also whether we are ready to use them. The Yukon and other communities reintroduced circles in 1991 as a practice of the restorative justice movement (Bazemore, 1997, p.27). Around that same time, Minnesota made the breakthrough in borrowing the practices with each band of Native Americans having their own political communications. Because Minnesota has seven Anishinaabe tribes and four Dakota communities, it has been one of the first states to lead the way for this new program. A circle sentencing program has also been implemented in North Minneapolis for African-American juvenile problems (Ulrich, 1999, p. 425).
The role of the BBB is to help resolve customer’s complaints. Customers must attempt to resolve their situation independently before they involve the BBB. Once the BBB is involved, they use a 3 step communication technique. The first is conciliation; The better business Bureau sends out a copy of the complaint to the company for review and a reply. After a 3 week deadline, the BBB awaits reply to see if the situation has been resolved. The second step is Mediation; This step offers help and guidance in resolving a mutual resolution for both the customer and the business. The third is Arbitration; This is an informal process where both parties must agree to a binding decision. The arbitrator will allow each party to present their respective sides and introduce relevant evidence. The BBB has a 70% success rate for solving customer complaints.
This report is set to outline and highlight key developments in a very important piece of law “Federal Arbitration Act” which is also commonly known as FAA. In order to look at the FAA in detail which was developed in late 1925, first let’s see what the word Arbitration mean. In simple words, Arbitration is known be to a very informal, private and isolated process in which all participating parties agree to hand in their disputes and problems in writing to one or more independent parties who are sanctioned to resolve the problem or issue. If someone ask you a question to define the act of Arbitration or what does it mean, most of us will have one of the following opinion:
Litigation between a union and its management are subject to civil law. However, getting a judgement may take upwards of two years. While there is a constitutional requirement to proceed criminal cases “within a reasonable time,” there is no such obligation for civil cases (Gallant 2). Using litigation can become costly and time consuming for both parties under the collective agreement. Arbitration may provide the opportunity to side-step prescribed procedural requirements of litigation. This method has become a useful tool for creating a binding judgement within a reasonable time and cost. The costs associated with Arbitration focus on compensating just the arbitrators and the location of wherever the parties decide to conduct the conflict resolution. The collective agreement can create a timeline for the arbitration decision to be made as well. This allows the parties to circumvent the delay experienced in litigation. These factors are important for solving grievances to reduce the amount lost productivity between the incident being grieved and the decision being made. Arbitration decisions are binding between the two parties and are enforceable by divisional courts without altering the arbitration’s decision (Government of Ontario 2016). Furthermore, arbitral awards can be binding under the Canadian Labour Code and its provincial counterparts. This binding nature of
However, many organizations require arbitration instead of litigation. Reasons for this requirement are several. Deciding whether to incorporate a mandatory arbitration clause into the organizational contract is a way to protect the company and the employee. Arbitration presents advantages to many organizations because of the time factor. "Speed may be the single greatest advantage to arbitration over litigation," states contributing author, Alan Freeman (2012). The court system is crowded with cases which involve the time of the disputing parties, lawyers, judges, and sometimes juries in litigations. Instead, arbitration is conducted in a private setting between two consenting parties and a neutral third party called the arbitrator (Fallon & McConnell, 2007). This process more often can be can be resolved more quickly than a dispute filed in court, allowing the two parties to spend less time litigating, and more time running their businesses which also affects the cost factor. With the arbitration process being less formal and private in nature, an ongoing, continuing business relationship can be more easily served. "One of the most compelling advantages of arbitration is the ability to keep the dispute, and its resolution, under wraps," says Freeman (2012). This can be a big asset to a company that would prefer to avoid publicity - as negative publicity is bad marketing and can substantially affect business in a
As human beings, we experience conflict in our everyday lives. It is a natural phenomenon of our personal and professional existence, that it becomes an inevitable component of human activity. In today’s ever-changing business environment organizations, conflict resolution styles are seen as culturally defined event. The success and efficiency of channelling conflicts, whether in a positive or negative manner, can affect the nature of it as being beneficial or destructive to us. However, if it is properly managed, it can in fact ‘increase individuals innovativeness and productivity’ (Uline, Tschannen-moran & Perez, 2003) while offering ‘interpersonal relationship satisfaction, creative problem solving, the growth of a global workforce and domestic
Disputes are almost unavoidable between people when there are disagreements or misunderstandings. In the construction industry, contractual relationships could lead to dispute. To resolve disputes, construction disputes are most likely encouraged to use Alternative Dispute Resolutions such as arbitration, mediation, and mini-trials to resolve their disputes faster and keep the dispute confidential and at lower cost (Ray, 2000). The construction case presented in this paper first resorted to negotiation; however, it could not give the parties a resolution which led to a mini-trial.
Its essence is that it is an agreement through which the parties involved in a dispute try to solve it outside a court system. For the most part, businesses request that workers consent to an arbitration, in which they surrender their right to sue in court over employment-related issues, for example, termination and discrimination. A worker who consents to an arbitration agreement promises to pursue any claims through arbitration, rather than a lawsuit. One detriment to the arbitration process is it restricts the amount of data every side can get from the other. Generally, this hurts the employee because the business is generally the one possessing the majority of the reports and data relating to the employee 's case. Mediation, on the other hand, is a system in which there is an active participation of a third party, which plays a role of facilitating the process of dispute resolution and suggests the solutions for resolving such disputes (Sirbu, 2013). The employment situation that is best solved by arbitration is a situation in which there is a dispute between the labor unions and the employers concerning the wages of the employees. Mediation best solves a situation in which employees are pushing for their
Conflict always rises from differences because it is a disagreement of people and their values, motivations, perceptions, ideas and desires. Not necessarily these differences seem unimportant however a conflict causes strong feelings, a relational need of core problem, feelings of respect and value and closeness and intimacy. Conflict can be resolved through mediation, negotiation and arbitration process however mediation is the best means to resolve conflict in every sector. Different figures have different definition about mediation but there is still no universally agreed definition of general theory of mediation however Moore’s (2003) mediation definition is appeared more scientific and universal. According to Moore (2003), mediation is
Alternative Dispute Resolution Recently there have been many moves to encourage the use of ADR, this eases the burden on the judicial system and helps both sides in theory come to a reasonable settlement without the costs of a court case. The term ADR can be described as Ÿ Dispute resolution procedures utilized outside of court In order to ensure Ÿ Cost effective litigation And to Ÿ Help prevent litigation reaching the courts Litigation itself has a number of drawbacks as a way of solving civil disputes; it does not necessarily always lead to the best result for both sides Ÿ It is expensive and slow; it also gives a clear advantage to the wealthier party who afford to string out the proceedings until the other runs out of money. Ÿ It is unsuited to disputes involving technical issues, where the judges may have no practical experience. Ÿ It is an adversarial system, the court room is like a battlefield, each side tries to gain as much as possible while giving away as little as possible, This is done without regard to what could be a fair solution. Ÿ Litigation tends to destroy personal and professional relationships Alternative Dispute Resolution in the United Kingdom revolves around 1.
Although ADR is an appealing alternative to litigation today, throughout the early history of the United States, courts expressed much hostility toward the idea of enforcing an agreement through any alternative dispute resolution. Throughout the 1900’s, United States courts were reluctant to enforce any agreement to arbitrate an existing or future dispute unless a specific statute...
ADR holds an extensive, easily influenced and diverging choice of processes for finding solutions to disputes which are personified by structured negotiation and consensus. It is regarded that arbitration is a familiar ADR technique, however, it is more of an official adjudicative and adversary technique initially a confidential litigation process which has more commonality to litigation than the more original consensual processes which symbolise ADR. As simplified by Angyal (Alternative Dispute Resolution, 1987, p. 11). "The key difference between ADR and those traditional techniques of litigation and arbitration is that ADR techniques are used to produce a resolution to dispute through a negotiated agreement while litigation and arbitration are processes by which a result is imposed on the parties. " We can say that many issues arise with terms.
Overall the advantages weigh out the disadvantage of the costs involved in setting up a strong case involving lawyers, witnesses, company statements etc. It also lessens the queue's of the civil courts and lessens stress on both parties because of the lack of formality.
In selecting arbitration, the parties decide on a confidential dispute resolution practice instead of going to the court. The Alabama claims were a diplomatic dispute between America and the Britain that emerged out of America’s Civil War. The diplomatic resolution of the claims even a decade after the war set an significant example for solving severe international problems through arbitration, and established the foundation for deeply improved dealings between the UK and the United