ADR Exam
Final Exam Strategies
For each of the following questions, EXPLAIN in detail why you would recommend mediation, arbitration, or you would not recommend ADR and instead recommend litigation (therefore you have three options to choose from). In your explanation you need to discuss all three. Provide the positives for why you make the selection, but also provide the negatives, and what you lose by not selecting the other two possible resolution methods.
SUGGESTIONS TO ASSIST YOU IN YOUR RESPONSES TO THE QUESTIONS:
For each of Mediation, Arbitration, and Litigation provide in your recommendation any details of a particular method (such as if you recommend Arbitration, would you recommend an informal procedure or a formal, litigation-like procedure). WHY would you make these recommendations? There are many different options within Mediation and Arbitration so be thorough in your analysis. Think of all the advantages / disadvantages for all three resolution options as you compare and decide which you would recommend and EXPLAIN WHY.
Do not just create a list for your analysis. (There are many and we are not looking for a list. We are concerned with how you evaluate the facts as you try to help the business make a decision). A successful argument will take the advantage / disadvantage and apply it to the facts of the conflict to show why it is the correct choice. The more detail you provide in your analysis will assist in scoring more points, therefore you should consider writing 4 – 6 sentences (on average) for part A of a question and 4 sentences (on average) for parts B and C of each question.
For ease of separation and not a suggestion or requirement to fill the available space, I have put each of the five questions on a separate page and inserted a reminder for each part of the discussion you need to make as well as its point value. DISCUSSION ON WHY YOU CHOSE A SPECIFIC RESOLUTION is worth more than discussion on the two areas not chosen. Be sure to provide enough detail to support your answer.
I want to emphasize that there may be no one correct resolution method to any of the conflicts discussed in the questions, though some, due to the type of conflict, are by the facts best suited for a particular resolution option. Your grading will be based upon how well you argue, contrast and compare the options available to you as you select what you believe to be the best option.
GOOD LUCK
FINAL EXAM QUESTIONS
The following information can be used for each of the five questions.
You are an experienced business person. An old college classmate has requested to meet with you to discuss several problems they are having with their business.
They tell you that they own an Ice Cream business that sells various levels of ice cream (some less expensive, others more expensive, etc.) it gets from a supplier (your friend does not make their own ice cream) and they are leasing a storefront location in Times Square. Your friend then tells you of the following five problems they have and would like you to advise them what they should do to resolve each of the problems.
FOR EACH OF THE QUESTIONS, YOU ARE TO PROVIDE A DISCUSSION ON THE RESOLUTION METHOD YOU WOULD SUGGEST THEY USE AND ALSO DISCUSS BOTH OF THE RESOLUTIONS YOU DID NOT CHOOSE.
WITHIN EACH RESOLUTION DISCUSSED: DISCUSS the advantages and disadvantages that are specific to that resolution for that problem. Draw your discussion points from the 13 areas of concerns we discussed for each of the resolution methods.
1. A customer slipped and fell in your friends’ shop, breaking their elbow, causing them to miss a month of work and incurring $10,000 in medical expenses. While the business insurance covered the medical expenses, the customer is now asking for $4,000 for the month of lost wages from their job. The business’s insurance company has denied coverage for the lost wages because the customer cannot explain how the slip-and-fall happened and believes the customer may be responsible for their own injuries. DISCUSS what resolution you would advise your friend to use and which two are not as good a solution.
a. 1.a. Chosen resolution ________________________ [10 Points]
b. 1. b. Did not choose ___________________________ [5 Points]
c. 1.c. Did not choose ___________________________ [5 Points]
2. A customer signed a contract with the business for a catered ice cream party that would include various flavors of ice creams, service supplies, party favors, etc. for August 30. Full payment is made at the time of the contract by the customer to the business. While the contract allows for either party to terminate the contract, there is no clause that covers not fulfilling the contract if the government does not permit a contract to be completed. Because of the pandemic the government on August 15 will not permit gatherings of people, therefore no catered events. The customer says that they want to now cancel the contract and requests a full refund. The business says it will deliver the ice cream and items as contracted for on the date requested, however they cannot cater. The contract says no refunds on any catered event. DISCUSS what resolution you would advise your friend to use and which two are not as good a solution.
a. 2.a. Chosen resolution ________________________ [10 Points]
b. 2.b. Did not choose ___________________________ [5 Points]
c. 2.c. Did not choose ___________________________ [5 Points]
3. Your friend discloses to you that last year they had to take on a partner because they needed the investment of money to keep the business going. Besides the money the new partner invested, the partnership agreement also includes that the new partner would, at no cost to the business, give use of a retail location near Central Park for another ice cream shop, allowing the business to expand. Now the new partner has decided to not include use of the location. DISCUSS what resolution you would advise your friend to use and which two are not as good a solution.
a. 3.a. Chosen resolution ________________________ [10 Points]
b. 3.b. Did not choose ___________________________ [5 Points]
c. 3.c.Did not choose ___________________________ [5 Points]
4. The night manager has told the business owner that they are considering not coming into work because of the health issues related to the coronavirus while interacting with workers and customers. Their contract has no discussion related to pandemics and any issues related to paid time off while there is a pandemic. The business owner has said that there are safeguards in place, such as the requirements of masks by workers and customers, as well as plexiglass shields placed by the order area at the counter. If the manager refuses to come to work the business owner has said that they would be in breach of contract, fired, and their position would be replaced by another person. DISCUSS which resolution you would advise your friend to use and which two are not as good a solution.
a. 4.a. Chosen resolution ________________________ [10 Points]
b. 4.b. Did not choose ___________________________ [5 Points]
c. 4.c. Did not choose ___________________________ [5 Points]
5. The ice cream store sells various levels of ice cream supplied by its supplier, Ultimate Creamery. Ultimate Creamery has three levels of ice cream they supply: A: the BASIC level (least expensive) that includes ice cream bars and sandwiches; INTERMEDIATE level that includes various flavors of ice cream that can be scooped for cones and cups; and SUPREME level (most expensive) that includes various superior quality and unique flavors of ice cream that can be scooped for cones and cups. There is confusion on the pricing between the business and the supplier.
Ultimate’s catalogue shows the prices of all three levels of ice cream. The catalogue also shows discounts when certain amounts of EACH level are purchased. It is unclear when those amounts are counted.
The contract calls for Ultimate to supply and the business to purchase all three levels of ice cream. The contract says that the parties should refer to the catalogue for pricing and quantities. The catalogue and the contract does not say when the discount occurs. The business says that they should always receive the discount because they have bought the total required amounts, even though the purchase occurred over the period of two months. However, Ultimate says that the business has to buy the required amounts on each order. DISCUSS which resolution you would advise your friend to use and which two are not as good a solution.
a. 5.a. Chosen resolution ________________________ [10 Points]
b. 5.b. Did not choose ___________________________ [5 Points]
c. 5.c. Did not choose ___________________________ [5 Points]
Collepals.com Plagiarism Free Papers
Are you looking for custom essay writing service or even dissertation writing services? Just request for our write my paper service, and we'll match you with the best essay writer in your subject! With an exceptional team of professional academic experts in a wide range of subjects, we can guarantee you an unrivaled quality of custom-written papers.
Get ZERO PLAGIARISM, HUMAN WRITTEN ESSAYS
Why Hire Collepals.com writers to do your paper?
Quality- We are experienced and have access to ample research materials.
We write plagiarism Free Content
Confidential- We never share or sell your personal information to third parties.
Support-Chat with us today! We are always waiting to answer all your questions.