Managers are sometimes the first line of opportunity in resolving a dispute before it turns into litigation.
Question:
Managers are sometimes the first line of opportunity in resolving a dispute before it turns into litigation. Assume that you are an MII manager in charge of the property in New Hampshire described in this chapter’s Theory to Practice. Write a two- to three-page memorandum to your senior manager that describes the relative advantages of ADR over litigation in the MII-CP dispute. Using Table 4.1, offer suggestions on how this particular dispute may be resolved.
See Connect for Manager’s Challenge sample answers.
Transcribed Image Text:
TABLE 4.1 Dispute Resolution Options for Classic Retail Outlets versus SignCo Action Lawsuit Draft a formal Complaint against SignCo; file the Complaint in the appropriate court of law; and serve the Complaint, along with the summons, on SignCo. Arbitration If the contract between CRO and SignCo has an arbitration clause, submit the dispute to arbitration as per the arbitra- tion clause in the contract. Informal settlement Cancel the contract, agree not to sue each other, and agree to a figure that (1) compensates CRO for the cost of the temporary signage and (2) allows a percentage of the total fee to compensate SignCo for time invested in the project. Potential Benefits Court-ordered resolution to have the deposit refunded and have SignCo pay addi- tional damages to compen- sate CRO for the cost of the temporary signage. Enforceable resolution to have the deposit refunded and have SignCo pay addi- tional damages to com- pensate for the cost of the temporary signage. 1. Parties agree not to sue each other. 2. Potential exists to preserve the business relationship. 3. Time and talent are not used to prepare for dis- pute resolution methods. Potential Costs Significant expendi- tures: legal fees, hard costs (such as travel and fees for experts), human resource costs when time must be devoted to litigation procedures, appellate costs. Moderate range in legal fees, arbitration/ mediation fees; lim- ited human resource expenditures; no chance of appellate fees (if binding). Low range of legal fees, moderate human resource investment, no threat of litigation by SignCo. Risks 1. Loss at trial or loss upon appeal. 2. Legal fees may be higher than the final judgment amount awarded. 3. Possible countersuit by SignCo. 4. Permanent damage to business relationship. 5. Potential for bad publicity. 1. Loss at arbitration that may not be appealed (if binding). 2. Win in arbitration, but may still have to go to trial (if nonbinding). 3. Potential damage to business relationship. Settlement negotiations may drag on, and CRO must find a new vendor.
Fantastic news! We've Found the answer you've been seeking!
Step by Step Answer:
Answer rating: 83% (12 reviews)
Memorandum To Senior Manager From MII Manager Subject Advantages of ADR over Litigation in MIICP Dispute Introduction As the MII manager in charge of the property in New Hampshire I am writing to desc...View the full answer
Answered By
Dulal Roy
As a tutor, I have gained extensive hands-on experience working with students one-on-one and in small group settings. I have developed the ability to effectively assess my students' strengths and weaknesses, and to customize my teaching approach to meet their individual needs.
I am proficient at breaking down complex concepts into simpler, more digestible pieces, and at using a variety of teaching methods (such as visual aids, examples, and interactive exercises) to engage my students and help them understand and retain the material.
I have also gained a lot of experience in providing feedback and guidance to my students, helping them to develop their problem-solving skills and to become more independent learners. Overall, my hands-on experience as a tutor has given me a deep understanding of how to effectively support and encourage students in their learning journey.
0.00
0 Reviews
10+ Question Solved
Related Book For
The Legal Environment Of Business A Managerial Approach Theory To Practice
ISBN: 9781260247800
4th Edition
Authors: Sean Melvin, Enrique Guerra-Pujol
Question Posted:
Students also viewed these Business questions
-
Assume that you purchased an 8 percent, 20-year, $1,000 par, semiannual payment bond priced at $1,012.50 when it has 12 years remaining until maturity. Compute: a. Its promised yield to maturity b....
-
Assume that you are an intern working with Maggie and that you are present at the initial conversations she has with Dr. Flores. Assume that Maggie asks you to help her investigate this opportunity....
-
Assume that you are an audit senior in charge of planning the audit of an entity that your firm has audited for the previous four years. During the audit planning meeting with the manager and partner...
-
A square garden has an area of 900 square feet. If a sprinkler (with a circular pattern) is placed in the center of the garden, what is the minimum radius of spray the sprinkler would need in order...
-
What are the steps in the process of logistics/supply chain network design? Of these steps, which are most relevant to the task of selecting a specific site for a logistics facility?
-
The March bank statement showed the following for Yap Co: Additional information: 1. The bank statement contained three debit memoranda: ¢ An NSF cheque of $595 that Yap had deposited was...
-
The following table shows how many days in December a sample of 6 students were present at their university and the number of lectures each attended on a given day. (a) Find the equation of the least...
-
Multiple Choice Questions The following questions deal with assessing control risk in a financial statement audit. Choose the best response. a. The auditor's tests of controls revealed that required...
-
The position of a particle moving along the x axis is given in centimeters by x = 9.36 + 1.34 t 3 , where t is in seconds. Calculate (a) the average velocity during the time interval t = 2.00 s to t...
-
NoNuns Cos. has a 25 percent tax rate and has $350 million in assets, currently financed entirely with equity. Equity is worth $37 per share, and book value of equity is equal to market value of...
-
Chang was terminated from his employment at Infinite Energy, Inc., for allegedly leaking confidential information to competitors. Litigation ensued, and during discovery Infinite requested access to...
-
Leroy purchased a used car from AutoNation, a used car dealer chain. All buyers entered into a purchase agreement, and those who financed their vehicles through AutoNation also signed a retail...
-
Determine whether each of the figures in Problems 30-37 will be a solution to an Instant Insanity puzzle.
-
How would you rate your experience in working with a high-performing organization? What did the company do well, or could it have done better?
-
Koebel Corporation uses a job order cost system with manufacturing overhead applied to products on the basis of direct labor hours. For the upcoming year, Koebel Corporation estimated total...
-
1. A long rectangular plate has a width of 100 mm, thickness of 5 mm and an axial load of 150 kN. If the plate is made of titanium Ti-6AL-4V, (Kc=115 MPa-m, , Oys=910 MPa). What is the factor of...
-
Given: (x is number of items) Demand function: d(x) = 400 400 0.5 Supply function: s(x) = 0.3x Find the equilibrium quantity: Find the consumers surplus at the equilibrium quantity: Preview Preview
-
If f(x) = x + 5x-2, simplify each of the following. f(x + h) = f(x+h) f(x) =
-
In a contract, should sole discretion clauses be enforced if the party with the discretion behaves unreasonably? Should everyone have an obligation to behave reasonably?
-
Write a declaration for each of the following: a. A line that extends from point (60, 100) to point (30, 90) b. A rectangle that is 20 pixels wide, 100 pixels high, and has its upper-left corner at...
-
1. I s the law constitutionally sound? 2. If Alderman purchased the body armor in the same state as it was manufactured, how does that affect interstate commerce?
-
1. Is the plan constitutional? 2. Is the First Amendment at issue? Explain your answer.
-
1. Who prevails and why? 2. If the federal law had mandated specific standards rather than give manufactures a choice, how would that impact your analysis?
-
Closing balances of accounts are - Cash $ 8 3 , 8 0 0 , Short term note receivable $ 5 , 2 5 0 , Land $ 1 5 , 7 5 0 , Equipment $ 2 5 , 2 0 0 , Short term note payable $ 2 1 , 0 0 0 , Long term note...
-
The investments of Charger Inc. include an investment of trading securities of Raiders Inc. purchased on February 24, 2017, for $560,000. The fair value of the securities on December 31, 2017, is...
-
The Zipcar website provides details on membership and mentions a $ 7 . 0 0 monthly membership fee. A car can be rented for an hourly or daily rate. While the actual rate can vary, a car can be rented...
Study smarter with the SolutionInn App