Business Community Law Report: Negotiation, Mediation, and Arbitration

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This report delves into the realm of business community law, focusing on how large organizations manage disputes to protect their reputation and goodwill. The report highlights the preference for avoiding law enforcement due to the potential disruption it can cause. It explores various dispute resolution methods, including negotiation, mediation, and arbitration, as primary strategies to resolve conflicts internally and confidentially. The report emphasizes the importance of these methods in preventing negative public image and maintaining business operations. A case study of a United Express Flight incident is presented to illustrate the consequences of not following proper legal procedures. In conclusion, the report underscores the common practice of businesses prioritizing negotiation and alternative dispute resolution to avoid legal involvement.
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Running Head: BUSINESS COMMUNITY LAW
Business community law
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1BUSINESS COMMUNITY LAW
Introduction
It can be stated that large organizations value their reputation and goodwill and tend to
avoid the occurrence of any incident which might potentially hamper the goodwill of the same.
However it is to be noted, that in the event of occurrence of any situation which might hamper of
reputation of the organization, law enforcement is avoided by the same. It can be stated that if
law enforcement is involved, the requirement to freeze systems and stop the operations of
business might be required which is not desirable to the management of any organization
(Cordner, 2016).
Discussion
It can be stated that if the news of involvement of law enforcement to resolve any dispute
in the organization becomes public, the public image of the organization will be hampered. The
objective of the management of large organizations is to avoid disputes which might project a
negative image of the company (Alexander & Prasad, 2014). Therefore the management of the
organization tends to formulate policies which prevents the occurrence of disputes and also aims
at formulating policies to resolve disputes without involving law enforcement (More & Miller,
2014). The most common aim of the management is to ensure that the disputes arising are solved
by negotiation (Goldberg et al., 2014). A midway agreement between the management and the
aggrieved party can be reached through negotiation. Negotiation is generally done directly. It is
to be mentioned that negotiation is generally done in private and done confidentially. However if
an agreement between the parties cannot be reached by negotiation a third party is called upon to
settle the disputes. The third person appointed is called a mediator. It is the duty of the mediator
to mediate and communicate with the parties and suggest a negotiation between the parties. It
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2BUSINESS COMMUNITY LAW
can be noted that the mediator does not take any decision, neither does it forces its decision on
the parties. It can be noted that if the mediator fails to make the parties reach an agreement an
arbitrator is appointed. Arbitration is done to settle disputes outside the court. The arbitrator can
be appointed by the court and can also be appointed voluntarily by the parties if they wish to
submit before the same. It can be said that the arbitrator listens to both the parties and arrives at a
decision and the same is to be abided by the parties. These steps are crucial and significant in
resolving disputes out of the court and to even avoid the involvement of law enforcement. The
occurrence of not involving law enforcement in large organizations is not uncommon. On 9th
April 2009 a passenger of United Express Flight was violently evicted from the airplane by the
airport authorities of O’Hare International Airport (Time. com, 2017) It is to be noted that the
passenger, David Dao had refused to get down from the plane. It can be noted that no legal
procedures were followed to evict the passenger and the same were dragged out of the airplane.
Conclusion
Thus to conclude, it can be stated that large organizations do not always resort to the
ethical standards and involve law enforcement for the settlement of disputes to avoid hampering
its reputation and goodwill. The organizations try to negotiate and make the aggrieved parties
reach an agreement.
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3BUSINESS COMMUNITY LAW
Reference List:
Cordner, G. W. (2016). Police administration. Routledge.
Alexander, C. S., & Prasad, A. (2014). Bottom-Up Workplace Law Enforcement: An Empirical
Analysis. Ind. LJ, 89, 1069.
Goldberg, S. B., Sander, F. E., Rogers, N. H., & Cole, S. R. (2014). Dispute resolution:
Negotiation, mediation and other processes. Wolters Kluwer Law & Business.
Officer Who Forcibly Removed United Airlines Passenger Placed on Leave. (2017). Time.
Retrieved 21 November 2017, from http://time.com/4733652/united-airlines-chicago-passenger-
officer-leave/
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