WEEK 4 – DISCUSSION. Online Dispute Resolution What do you see as the advantages and disadvantages in applying online Dispute Resolution? Please provide the details of your reasoning for your response. Doing online business is a very convenient way to buy products with just a click of the mouse. However, when we click that mouse, do we know what organization we are purchasing from? When purchasing online, you cannot see the condition of the product. Such as the quality, size, and is it actually what you are purchasing. You have no idea who are placing your order with. Once you make a final purchase that is, releasing your credit card information, there is no turning back. Some disadvantages include impersonal and potentially inaccessible …show more content…
Universities conduct online classes around the world. With access to a computer, student can take classes at anytime and anywhere in the world without leaving their home. We can talk with family and friends via facetime, WhatsApp, Facebook and other social media. While communicating via social media, we are having face to face conversation as if the person is right next to us. With that said, conducting ODR between states in the United States is not an issue, as consumer and vendors conduct business regularly on line otherwise known as ecommerce. As stated in the Rule, (2013) video, Jurisdiction does not matter because ODR works just as the internet. Take Barnes and Noble and Amazon for instance. They are both book stores, but Amazon, packed in the storefront for online business, while Barnes & Noble has both physical stores and online business. They both conduct business worldwide as well as location though United States. Friedman (2005), explains how “the flattening of the world happened at the dawn of the twenty-first century; what it means to countries, companies, communities, and individuals; and how governments and societies can, and must, adapt. The World Is Flat is the timely and essential update on globalization, its successes and discontents, powerfully illuminated by one of our most respected …show more content…
Attorneys drafting contracts that involve two internationally diverse parties must consider including arbitration, choice of law, and choice of forum provisions to prevent future entanglements in distant or unforeseen jurisdictions (Chicago International Dispute Resolution Association, n.d.). As online video conferencing becomes increasingly available, it will become easier for disputants to see more face-to-face
Meanwhile in Chapter Two, Lipsky et al. (2003) asserted that the rise of alternative dispute resolution (ADR) in the United States should be understood as “a phenomenon that is part of a new and emerging social contract.”(para 11). They further detailed the forces of change which seemingly led to the “reorganization of the way work is performed in U.S. companies” (Chapter 2, Forces of Change). Then they closed the chapter by summing up how the recognition of power imbalances between government and citizens, as well as employers and employees led to “developing new strategies and techniques for managing and resolving conflict” (Chapter 2, Conclusion, para 5).
Sue contracts with Tom to deliver a quantity of computers to Sue’s Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a state court. Their state requires that their dispute be submitted to mediation or nonbinding arbitration. If the dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator, will a court hear the case? Explain. (See Alternative Dispute Resolution.)
Is the world actually flat? According to Thomas Friedman’s book it is. He explored this notion when he took a trip to India, where he noticed the competition for global knowledge. Throughout his book “The World is Flat” he argues that there are ten forces that flattened the world, claimed the best interest for the United States’ is free trade, acknowledged what actions developing countries ought to implement, analyzed how flattening could flounder, and highlights the challenging framework of creativity developing across the globe today.
The phrase: "the world is flat" can be interpreted in many ways. Basically what Friedman means by "flat" is "linked." The falling of trade and political barriers and technical advances have made it possible to do business, instantaneously with billions of other people around the world. It has allowed for parts of the world, which had previously been cut off, like China and India, to successfully compete in the world market. Thus, the playing field is being leveled, and no one nation has an advantage. Friedman could also refer to a "flat world" in a metaphorical sense. In a spherical earth you cannot see around the world and cannot recognize the opportunities far from where you live. If the world were flat you could see it all. There would be no barriers to get in your way. This is the equivalent to a smaller globe which allows one to reach far away opportunities.
Journal of Dispute Resolution, 401-427.
When the term “Globalization” is discussed, most academics, scholars, professionals and intellectuals attempt to define and interpret it in a summarized fashion. My main concern with this approach is that one cannot and should not define a process that altered decades of history and continues to, in less than 30 words. Global Shift is a book with remarkable insight. Peter Dicken rather than attempting to define the commonly misused word, explains Globalization in a clear and logical fashion, which interconnects numerous views. Dicken takes full advantage of his position to write and identify the imperative changes of political, economic, social, and technological dimensions of globalization.
. . ] from more different corners of the planet and on a more equal footing than at any previous time in the history of the world”(8). Friedman details that the world was flattened by 10 distinct events or “flatteners” that brought the world closer together and made the global economy more accessible to those in lesser developed countries or ones less prevalent on the global stage in the 19/20th centuries. The flatteners have helped equalize “access to information - it has no class boundaries, few education boundaries, few linguistic boundaries, and virtually no monetary boundaries”(185). The flatteners including, the rise of the internet, offshoring, and outsourcing, and workflow software have revolutionized how the US interacts with the world as well as how we as individuals interact globally with others. Friedman also discusses how because the world is flat, a new, higher standard of “normal” must be defined.
When most people here the phrase “the world is flat” they think that it’s an illogical statement. Thomas Friedmann a famous New York Times columnist wrote his international best-selling book “The World is Flat” which analyzes globalization in the 21st century. The phrase The World is Flat is a metaphor for viewing the world as a flat playing field where competitors from all over the world have an equal opportunity. In 2007 Friedmann gave a keynote address at MIT’s in which he gives an in depth analysis of his book and addresses the topic of globalization in our world today.
Thomas Friedman’s The World Is Flat is an engaging analysis of globalization in the modern world, including what led to it and how it has the potential to impact the future. Beginning with the fall of the Berlin Wall on November 9, 1989, he purports, the world saw a sharp increase in market-driven cooperation amongst Western and Eastern countries. Friedman labels this Globalization 3.0, and insists that the technological revolution of the past decades will continue to make the world an even smaller place. Friedman employs case studies and snappy, engaging chapter names to frame the concepts expressed throughout the book.
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
...in the new “flat world” individuals need to figure out how to become “untouchable.” He explains that “untouchables are people whose jobs cannot be outsourced, digitized, or automated” (184). He explains that in a “flat world” there is no longer a job based solely on geographic, but rather in most cases an available job “will go to the best, smartest, most productive or cheapest worker-wherever he or she resides” (183). He goes on to show that companies and individuals have to look at the global picture today in order to succeed (183).
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.
Available goods and services: Customers are benefitted from online stores as they provide more variety of goods from all over the world than any physical store. All the brands are available. Most companies have their websites to offer goods/services online, no matter they have any front store or not. Many traditional retailers sell certain products only available online to reduce their retailing cost or to offer customers with more choices of size, color etc. Also, online shopping sometimes offer good pay plans and options for customers. They can decide their payment amount and date in their own convenience &
First of all, Friedman talks about the different levels of globalization. There are 3 different time periods in which the society has differed and changed, bringing us to where we are today. Globalization 1.0, which took place from 1492 to 1800, was the first step to making the world flatter. The coming to America, and the industrial drive that came along with this is what most characterized globalization 1.0. The industry drive was about things such as manpower and horsepower, and how well we could utilize these in the world market. This caused the world to “shrink” a little bit, and become flatter. With the discovery of a new world, it broadened the area in which business was conducted, but the commonality of rule and trade caused the distance to be spanned more frequently. I think Friedman’s notions regarding globalization 1.0 is very accurate. The world in our terms began in 1492 with the discovery of North America. Once the area began to be inhabited and settled, there was much more worldwide interaction. Communications and trade between the American colonies and England increased, and this began a more stable business of worldwide association. I believe that Friedman’s theory is true, because the discovery of a land across the ocean for th...
Online shopping is also convenient because the consumers are able to buy products and services from all over the world. Shoppers are thus not limited to products that are being produced or available locally but can choose from a vast majority of online products. This has made it easier for shoppers to acquire products that are limited to specific regions due to either geographical