Write an at least tw-o-paragraph response to one -cl-assmate's post that proposes a different dispute-resolution method from yours. What's missing? What could potentially go wrong with your classmate's solution? In your response, cite at least one outside source to support your position. You may disagree and explain how your solution might better fit the situation, but be polite and civil in your tone.

 

In this type of disagreement Mike is not willing to conform and agree with Emma so there needs to be an ADR resolution that benefits both of them without them having to fully agree. In this case I do not think negotiation or mediation would be a satisfactory way to solve this dispute. In both of those ADR resolutions the co-owners would need to make a win-win decision for the both of them, this would not work because they do not see eye to eye and don't seem to agree on much. The resolution I would approach this problem with would be arbitration. My reasoning behind using arbitration to solve this problem is mainly because of bringing in a third party member. This would cause less conflict for the both of them and bring in someone with a new opinion.

In the case of arbitration the third party member acts as a neutral individual. Although mandatory arbitration is sometimes issued, voluntary arbitration can also be a positive and effective way to solve disputes. Especially with businesses like this one in particular. As stated in "Making Effective Use Of Alternative Dispute Resolution For Small Businesses" article when making a buisness deal you count on your buisness partner in a lot of ways and when that agreement doesn't work out it can sometimes become problematic for both parties. Disputes can also become very expensive which is why businesses tend to try and avoid them at all costs. "In arbitration, there is a one or three arbitrator panel that will issue an "award;" that is, they will decide who wins and who loses, and for how much" (Tessier, 2005). The main goal of ADR is to form a resolution and decision. In the process of arbitration I believe it would be most effective because a third party is the one deciding who is right and making a clear and concise decision.

Although arbitration may sometimes be unfair in most cases it comes out the way it should, and there are a lot of positives that come with it. "The dispute will normally be resolved much sooner. It may take several years to procure a court trial date, while an arbitration date can usually be obtained within a few months" (SAC attorneys , 2023). As stated in SAC attorneys website, arbitration is a good fast option, while going to court may take much longer. In Emma's case she is tired or waiting and would like to end this problem and fight that has been going on for much too long. If arbitration would have been issued in the beginning this problem would have never arisen and they would both have a solution at this point in time. So in conclusion I believe arbitration should have been put in place at the beginning of their business deal and would have saved