Microsoft and Mediation Negotiations
Since its antitrust trial began in 1998, the software giant Microsoft and the government have met in negotiations three times; now, a fourth round of mediation has been scheduled, these to be presided over by Richard Posner, the chief judge for the 7th U.S. Circut Court of Appeals in Chicago. Although the two sides differ in opinion on many key issues, both sides have maintained that they are open to settlement. The appointment of Posner has aroused some controversy however, because some, including William Kovacic of George Washington University, say that his views on antitrust cases are not in line with the governments; that is, they do not favor the breaking up of large firms found to be monopolies. Microsoft was determined to be a monopoly in a fact finding by Judge Thomas Penfield Jackson performed three weeks ago.
The movement towards mediation and away from traditional adjudication is an example of alternative dispute resolution (ADR), which is becoming increasingly common in modern society. While alternative dispute resolution programs were previously found mainly in local, informal settings, “Mediation programs are more and more attached to existing court systems or social service agencies rather than community or neighborhood groups.” (Merry, 1984) Because the mediator in the Microsoft case was appointed by the trial judge to oversee settlement talks, the mediation was explicitly linked to the existing court system. Mediation is being used as a tool by the trail judge to avoid a long and costly trial. Galanter, as cited by Merry, says that while the procedures used by the court and mediations may differ greatly, the authority claimed and the form of social control exercise...
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...nd the government have developed a set of relations that are mutually beneficial. To fight out their differences in court would leave both bitter and any dealings with each other in the future hostile. Because the conflict is one of interest and not of dissensus, there is more incentive to settle. Both the government and Microsoft will benefit from the continued operation of the firm; thus, they have the same goal, but disagree on how best to achieve it. Such a conflict of interest lends itself to the compromise model , in which the establishment of guilt is not at issue and also where the two parties involved in a dispute look forward to a relationship with each other in the future. The compromise model stresses compromise and agreement which is best achieved not through the formal court system, but through informal means of dispute resolution such as mediation.
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
Microsoft was once a small software business ran by a young Bill Gates in a tiny
Bank, David. "Why Software and Antitrust Law Make an Uneasy Mix," The Wall Street Journal, October 22, 1997, p. B1.
The planned settlement is a concession reflecting the reality that ending the hearing would expose Microsoft to an undefined result and would put the government case at risk. The government dropped numerous basics of the conduct remedies that they had accomplished in the original hearing and the ...
Compromise is an almost perfect concept, mutual agreements between two or more sides that can benefit all perspectives. It seems almost too idealistic and yet, it is a daily occurrence all over the globe. Without it, the world may have been thrust into anarchy filled with
Ott, Marvin C. "Mediation as a Method of Conflict Resolution: Two Cases." International Organization 26.04 (1972): 595-618. JSTOR. Web. 3 Dec. 2013.
Mediation is typically ordered in types of cases that there is significant emotional ties; creating a potential for hostility, loss of relationships or personal feelings getting in the way of reaching an agreement. Arbitration is the best option for cases where the parties simply cannot come to an agreement and decide to have someone else decide the outcome of the case for them, without the expense and formality of a trial. Arbitration is also useful in highly complex cases where it is necessary to have a highly trained professional come to the
"Microsoft Corporation, is a multinational computer technology corporation with global annual revenue of US$44.28 billion and 71,553 employees in 102 countries as of July 2006. It develops, manufactures, licenses, and supports a wide range of software products for computing devices. Headquartered in Redmond, Washington, USA, its best selling products are the Microsoft Windows operating system and the Microsoft Office suite of productivity software, each of which has achieved near-ubiquity in the desktop computer market. Microsoft possesses footholds in other markets, with assets such as the MSNBC cable television network, the MSN Internet portal, and the Microsoft Encarta multimedia encyclopedia. The company also markets both computer hardware products such as the Microsoft mouse as well as home entertainment products such as the Xbox, Xbox 360 and MSN TV" ("Microsoft").
Alternative Dispute Resolution or ADR refers to a number of various processes that can be used to resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety. This notoriety may have been caused by the public perception that ADR methods are less expensive, more efficient, and more satisfactory than the normal traditional course of litigation. The goals of establishing these processes to resolve disputes as an alternative to more formal legal processes include: 1) to make the regular court system more efficient, less costly and more responsive to the needs of the litigants; 2) to offer alternative methods of dispute resolution in addition to the regular court system; and 3) to provide public education about the available alternatives.
I believe that Microsoft has the best intensions for society, because they are constantly developing the software market into a more competitive and challenging industry. Microsoft’s success as a company is partly due to its commitment to making the best product possible and strategic business practices. The first reason Microsoft is not a monopoly is because of the standardized quality of its OS. Second is the intelligent business practices Microsoft has engaged in through many of its business partners. The legal issues of the alleged antitrust accusations from the department of justice are just totally overrated.
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.
The Civil Procedure Rules recognised in Wales and England imposes a positive duty on the court to encourage parties to use an alternative dispute resolution (ADR) procedures if the court considers it appropriate, from the forgoing it could be inferred that achieving unbiased and objective dispute resolution is no longer the exclusive claim of the adversarial legal process as hitherto claimed by liberal societies. In addition, exact practices of adversarial legal system scarcely exist, since the daily life of court now involves routine departures from its original fundamental ideals. Nonetheless, growing evidence depict that mediated outcomes are more likely to be complied with than court decrees contrary to the position of pro adversarial advocates.
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
Mediation is a form of the Alternative Dispute Resolution (ADR). Mediation is a process which it assists disputed parties to arrive to a mutually agreed resolution without going to court. As the out of court problem solving approach, mediation is a more convenient way for parties which trying to avoid the hassle and loving some flexibility from the more rigid court procedure. Mediation can be said as an informal process of which parties during this process is encouraged to work together among the disputed parties in good faith in order to solve their problems and disputes at a lower financial cost and it consume lesser time as opposed to the court procedure. Mediation recently has become more common as one of dispute resolution process especially for disputes which have relations to divorce matter, child custody or even for child visitation especially for its privacy and confidentiality.
Microsoft is the leading and the largest Software Company in the world. Found by William Gates and Paul Allen in 1975 Microsoft has grown and become a multibillion company in only ten years. It all started with a great vision – “a computer on every desk and every home” - that seemed almost impossible at the time. Now Microsoft has over 44,000 employees in 60 countries, net income of $3.45 billion and revenue of 11.36 billion. Company dramatic growth and success was driven by development and marketing of operational systems and personal productivity applications software.