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Advantages and importance of Alternative Dispute Resolution
The Role of Law in Business
Advantages and importance of Alternative Dispute Resolution
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Due to technological advancements and the mainstream culture of the United States, businesses are looking for more proficient ways to advertise and sell their goods to consumers. Since the internet and social media have taken off in popularity, consumers are noticing that social media can lead them to better sources for purchasing goods. Just as consumers are realizing the importance of social media, businesses have turned to using social media as a filter to reach their business and marketing goals. As the business environment changes, businesses are focusing on legal astuteness, alternative dispute resolutions and government regulation.
Social media market managers recognize the importance of legal astuteness. “Legal astuteness […] is a valuable managerial capability that enables firms to increase realizable value in four […] components” (Bagley, 2008, p. 387). These four components are: a set of value-laden attitudes, context specific knowledge of the relevant law and the appropriate application of legal tools, the ability to exercise informed judgment, and a proactive approach. Ensuring a set of value-laden attitudes ensures company growth and attainment. Within these attitudes, social media market managers understand that law is fundamental to a business’s success. Managers comprehend that law creates the rules as well as heavily influences the societal consensus on moral expectations and moral values, as well as their development through time. The law doesn’t allow personal information to be shared with other businesses without one’s permission and “Facebook doesn’t share personally identifiable information such as your name or contact information with advertisers without your permission” (Facebook, 2014), which mitigates t...
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...ion. In Alternative dispute resolution: The litigator's handbook (p. 2). Chicago, IL: American Bar Association, Section of Litigation.
Bagley, C. E. (2008). Winning Legally: The Value of Legal Astuteness. Academy of Management Review, 33(2), 378-390.
The Constructor (2014). Alternative Dispute Resolution Techniques Resolving Disputes Without “Going to War”: Frost Brown Todd Law Firm. Retrieved May 4, 2014, from http://www.frostbrowntodd.com/resources-01-22-20071.html
Facebook (2014). Advertising on Facebook. Retrieved May 5, 2014, from https://www.facebook.com/about/ads/#cookies
Federal Financial Institutions Examination Council (2013). Social Media: Consumer Compliance Risk Management Guidance. Federal Register, 78, 4848-4854. Retrieved from https://www.federalregister.gov/articles/2013/01/23/2013-01255/social-media-consumer-compliance-risk-management-guidance#h-15
Miller, R. L., and Cross, F. B. (2013). The legal environment today: Business in its ethical, regulatory, e-commerce, and global setting. (7 ed.). Mason, OH: South-Western Cengage Learning.
Twomey, D. (2013). Anderson's Business Law and the Legal Environment, Comprehensive Volume [VitalSouce bookshelf version]. Retrieved from http://digitalbookshelf.southuniversity.edu/books/9781285696683/id/L35-1-7
With the advances in technology constantly changing companies have to find better ways to market their products to consumers. The explosion of Facebook has given companies a way to market products to consumers. Examine how a legally astute manager can use social media to his advantage. Review different forms of dispute resolution and determine which one works the best. What is the best course of action, the government can use to control consumer transactions that occur across state lines. Which branch of government can be the most effective at regulating consumer transaction via social media? Give an explanation of the agency relationship that exists between social media sites, and the businesses that use them.
There is need for social media marketing manager to have adept knowledge of current law and how it might affect the company through control on interstate commerce, data mining and business intelligence escapades, customer prices, and taxation (Bagley, 2010). The manager needs to succinctly integrate, understand, and take responsibility for these foci of social media...
The two forms of DAPs that this essay shall consider are Dispute Review Boards (DRBs) and Dispute Resolution Adviser (DRA). The DRA is a dispute resolution system that is based on an individual to avoid disputes. The procedure intend on having maximum party control. The DRA avoids disputes through site visits, familiarization techniques and strong relationships to be built; followed by a series of steps that become more and more interventionist as the early resolution procedures strike out, until a final form of short arbitration commences as a seal to the entire procedures. This form of procedure was first recorded to have been practi...
Alternative Dispute Resolution (ADR) involves dispute resolution processes and techniques that fall outside of the government judicial process. There has been moves against ADR in the past by entities of many political parties and their associates, despite this, ADR has gained inclusive acceptance among both the broad community and the legal profession in past years. In fact, many courts now entail some parties to remedy to ADR of some type, usually mediation, before allowing the parties' cases to be tried. The increasing attractiveness of ADR can be clarified by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to obtain larger control over the selection of the individual or individuals who will decide their dispute.
Social media is an imperative public relations tool for companies to utilize in their business practices. Social media cannot be regulated so anyone can say what they please about the company, whether it is good, bad or ugly. Social media is developing rapidly and there are new platforms
Among the billions of social media users, there is a percentage dedicated to businesses who use social media as part of their marketing strategy. The sheer number of people who use services like Facebook and Instagram on a daily
In the world of commerce, employment, and other social relations, businesses and individuals strive to choose either arbitration or mediation (conciliation). There are situations when parties submit their cases to arbitration bodies for mediation and, vice versa, when mediators are requested to resolve the dispute through the arbitration award. The arbitration and mediation traditions vary from jurisdiction to jurisdiction, but their general ideas still remain similar. However, while a mediator in a single process possesses no entitled authority to render an award, an arbitrator is vested with more procedural powers and can execute a mediator’s functions. Furthermore, despite the flexibility of arbitration and mediation procedures, as well
Defense." Southern Illinois University Law Journal 30.(2006): 533-571. OmniFile Full Text Select (H.W. Wilson). Web. 2 Apr. 2014.
...sfied with the outcome and resolution from the mediation session, the parties are given liberties to engage with a court procedure.
Disputes or conflicts can arise in any workplace, family home, or institution and they exist when one or more parties disagree with each other’s views and require the help, support, or service of a third party person to find a resolution. A fair and balanced conflict resolution process is important for the most effective outcome between two or more parties. Advocacy and mediation are two of many conflict resolutions that can be used in order to solve a problematic situation. However, certain situations require the skills, processes, and procedures that are exhibited by one more than the other. In some scenarios there may be a need to use both conflict resolutions if one does not proceed accordingly. Understanding the circumstance of the situation is ideal in discovering which conflict resolution would allow parties to come to a mutual agreement or resolution.
Larson & Watson (2011) define social media as “the set of connectivity-enabled applications that facilitate interaction and the co-creation, exchange, and publication of information among firms and their networked communities of customers.” The use of social media has been on the rise for many years. Social media has shifted web towards “user-driven technologies such as blogs, social networks and video-sharing platforms” (Smith, 2009, p.1). Different social media platforms include Facebook, MySpace, YouTube, Twitter, Instagram, and more. The shift to social media means that user generated content more often than not dominates what is on the web (Smith, 2009, p. 1). It also means that web content will be driven by the consumer.
Social media can be used to target specific demographics through posts but it can also be used to communicate with customers as many businesses have began using Twitter and Facebook to interact with customer’s queries, complaints and feedback creating a close relationship with customers. Social Networking use has rapidly increase in recent years and has becoming a successful marketing tool for many businesses due to social media being incorporated into the daily life of millions. Social media can be used to target specific demographics through posts but it can also be used to communicate with customers as many businesses have began using Twitter and Facebook to interact with customer’s queries, complaints and feedback creating a close relationship with
The most concern of business organizations about using social media is the information overload. The volume of information on the Internet is growing exponentially and certainly, it will be hard for companies to control all the information related to their business (Wilson & Abel, 2002, p. 93). There is no way for companies to catalog and filter the wealth of information or to prevent consumers from misleading information. For instance, the common word-of-mouth marketing strategy, as said above, might be double edge sword because consumers might be negatively influenced by subjective experiences from dissatisfied consumers. Especially when the information is delivered quickly, it will seriously affect product performance and branding. Another struggle of using social media is that business organizations have to control and monitor their brands internationally. It means when the businesses expand into other countries, franchisors need to properly monitor their pages and protect their username rights on social media sites, assign franchises their own social pages within the corporate site as well as to prevent the trademark or trade-name infringement through the franchise agreement. (Ekberg, Härting, Hero, Lindsey, & Polsky, 2011, p. 24). With the explosion and development of social networking usage today, however, monitoring is not only time consuming and costly but also difficult when having to keep up with which site to