Unit 1_LS311_Discussion response

13447Respond or elaborate on response below:

The methods of nonjudicial dispute resolution, also referred to as alternative dispute resolution (ADR), that could be used in this scenario to avoid litigation include negotiation, mediation, and arbitration. Utilizing ADR gives both parties control over the outcome of the disputes, which may be viewed as preferable to the uncertainty of a judgment when left in the hands of a judge or jury.

Negotiation gives both parties a chance to come together to engage in discussions and bargaining in hopes of settling (Cheeseman, 2021). Negotiation allows both parties to maintain control over the process and the outcome. Mediation type ADR is where both parties agree for a trained neutral third party, mediator, to listen to both sides in hopes of settling. A mediator does not render a decision or award, therefore making the mediation non-binding (Cheeseman, 2021). Unlike mediation, arbitration has a more formal process with similarities to traditional legal proceedings. A third party is appointed by both parties, an arbitrator, to listen to both sides and render a decision and award. The decision of an arbitrator can be binding.

As a legal assistant at iHiker, I recommend negotiating with the dissatisfied user in hopes of reaching a favorable outcome for the company. Our best-case scenario is to settle for an amount lower than what the user is demanding to avoid the negative publicity that could stem from a lawsuit. On the other hand, our worst-case scenario would involve paying a high settlement, which could financially strain the company, but it would help us avoid bad publicity.

The goal of our negotiation is to achieve our best-case scenario or something close to it. We are prepared to pay the $5,000 prize awarded to the first-place winner, along with a compromise amount for emotional damages. Once we settle with the user through a cooperative approach, we will ensure that the user signs a non-disclosure agreement as part of the settlement contract to protect our public image.