Mediation Case Study

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In an effort to settle a legal dispute with a valued business partner, mediation is the supreme method of alternative dispute resolution; mediation is often used to safely negotiate terms towards a mutually beneficial result (Kubasek, Brennan, Brown, 2006). Additionally, it has been stated, “there is little doubt that mediation has become a highly effective mechanism for conflict resolution” (Bultena, Ramser, Tilker, 2015, p. 69), leading to a conclusion that mediation is the best choice to settle an argument between cordial parties. Spiritual guidance also calls for meditation as affirmed by Martin Luther who states, “Each side can easily yield something, and it is better to concede some things which can be construed according to individual…show more content…
This exchange of an offer of payment and acceptance of such offer by fulfillment of orders, has set the basis of an implied contract (Kubasek, Brennan, Brown, 2006). A breach of the covenant of good faith is an additional claim by Mr. Peterson. Accordingly, it is the plaintiff’s belief that their requirements contract must be upheld and the business relationship between he and the defendant must continue under the same terms. Moreover, McCallon (2004) states, However, when good faith attaches to ‘a specific duty or obligation under the contract’, it helps to guide the determination of whether a breach of such a duty or obligation has occurred. This caveat is particularly important in the context of requirements contracts because, unlike many contracts, the parties ' convey their ultimate expectations in ambiguous terms. As such, and as we will see, good faith is the guiding principle of section 2-306 (p. 717), solidifying Marshall’s belief that business shall continue as it has in the past between the two parties. Finally, a formal contract was signed by the defendant’s minor son. Although the young man was under the age of eighteen at the time, a contract may still be binding if not disputed shortly after turning legal age (Whittier,…show more content…
Two cases that will act as a guide for the defendant’s argument are Musket Corporation v. Star Fuel of Oklahoma, LLC and Sons of Thunder v. Borden, Inc. In Musket Corporation v. Star Fuel of Oklahoma, LLC (2013), we find a ruling in favor of the plaintiff for breach of an implied contract, setting the precedence for the suit brought against Mr. Heim. Likewise, the case at hand has caused the plaintiff to befall lost profits because of misrepresentation by the defendant. Mr. Heim has given the plaintiff the understanding that an agreement is in place by fulfilling regular orders and by starting the business relationship in the first place. The case of Sons of Thunder v. Borden, Inc (1997), provides doctrine for accessing damages for lost profit due to breach of good faith by stating, “a party who breaches a contract is liable for all of the natural and probable consequences of the breach of that
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