Scenario-1
of GREEN LIFE LLC
Al Anood who was
recruited as a marketing officer by GREEN LIFE LLC with the salary and
allowances of were different kinds such as car with fuel. As it shows that all
these allowances were agreed in contract of employment and company is liable to
pay all these equipments and allowances to its employees. As the condition was
not according to the situation written in the contract of employment that
explains about the situation in recessionary circumstances company will
withdraw its allowances and employees have to work by their own resources. In
this scenario, company get the allowances back and the employee did not make transactions
to attract the customers in the market and my marketing activities remained
slow. On this basis, company terminated the employees and so it is not an
ethical and appropriate way to deal the scenario. A note get take course of
action against the company as the contract and employee did not perform
according to the contract that was made at the time of recruitment (Keršuliene, Zavadskas, & Turskis., 2010).
There are different kinds
of legal solutions and advice is that could be support for dispute resolution
in the market order in any kinds of business dispute. There are three main
types of for dispute resolution that are adopted widely in the business environment.
The first one is litigation in which all the matters are dissolved by court and
2nd is arbitration, Arbitration, also based on the court’s right to
decide dispute between the parties and authority, have arbitral tribunal that
comes from party’s agreement and the third one is mediation. It is based on the
combination of court and parties desired, both parties or agree to settle their
dispute through meditation with the help of an agent or mediator. In this
scenario, I advised both the parties to take the services of mediator as he’s a person who is unbiased and to try to
identify the need of both parties and help them with the agreement that is
based on a third solution. An individual and company should make this solution
with the help of mediating as the mediating dispute might be best option for
the resolution of important conflicts and to maintain healthy relationship between
the employees and employer. It also helpful to get to both parties remain in
control and to resolve their disputes with calm and peace.
Scenario-
2 of GREEN LIFE LLC
The second scenario is
based on the sale of property that is offered by a commercial seller working as
individual who put an advertisement in the Times of Oman and other company
named Al Habib, LLC purchased the property for the business. Afterwards company
refused to make installment for the property and paid the first installment
only and refused for other. Now individual can go for arbitration that is
considered for better solution to get between the both the parties. Further
explanation about the arbitration also explained below that will help it to
implement the better dispute resolution (Chong & Zin., 2012).
There are several solutions
for dispute resolution that are cooperated between parties to resolve the dispute
resolution terms. The first one will take mediation that is method of dispute
settlement that is based on outside of the court. In this process, the disputes
are resolved by the parties by their selves and they get assistance of a
trained mediator who helps them to negotiate with the issues between the
parties and give solution to identify the issues and find the way to settle the
dispute in which both parties are satisfied. It must be according to the
preceding of law that is necessary to come up with the resolution of a
different form of litigations to the parties, so that the dispute responsibility
must be settled. There are some situations handling elements. Mediation is
always private and confidential this means that meditation meeting or not
binding only one party it is obligations for both parties to get the
proceedings of mediator and support the decision well that the mediation is going
on. It is upon the mediator that he opens all the dialogues that are lying
between the parties and become reason of this dispute. Both parties come with
their theories of disputes, and he encouraged settling the dispute with his
opinion (Oni-Ojo, Iyiola, Osibanjo, & IGBINOBA., 2014).
The second one is
arbitration that is an alternative offer dispute resolution process is taken to
arbitrator who is appointed by the parties to get it with the agreement between
both the parties. It is most likely to be considered arbitration in the
contract and to the initial level of contracts. But in case where there is no
point of arbitration, parties could also get the services to solve the dispute
that is main issue to resolve. Arbitration is services of arbitrator that is
taken before going to court it and the parties already come to play with its
value, decision and arbitrator direct them to get appointed by mutual consent.
The proceedings of the contract are binding on the parties to cooperate with
the arbitrator. The person who didn’t offer arbitrators are different from the
mediation, as the binding of arbitrated is not to sit on the city theater to
encourage the correspondence between the parties. There is only one similarity
in arbitration and mediation that mediator or arbitrator are chosen by parties
to get to the solution of the contract disputes that must be resolved by these
techniques otherwise, the court will decide it.
These are the alternative
dispute resolution techniques that are adopted by the parties in the situation
of dispute or conflict between the parties. It is a process that is followed by
parties to encourage the set disputes by a person who is able to mediate.
Arbitration prompted the arbitrator awards in the binding of the contract.
Alternative dispute resolution teachings are adopted by. People and the most
common form is mediation and arbitration.
It is effective to go for
other disputes resolution techniques other than the litigation and other
disputes settling are not good for the reputation of the company as well as for
the human reputation. Therefore, alternative Dispute resolution techniques are
important and effective to implement into dispute resolution. We did mediating
and arbitrating and it is considered effective regime to solve the matters in
the different kinds of business disputes. It has to save the reputation as well
as save from financial wastage of the resources. It’ll solve their dispute in
foreign investment, as they always prefer arbitration and mediation to use to
dispute resolution and to assess the legal institutional framework in the arbitration
and other kinds of dispute resolution techniques that are headed full to get
justice in the laws and regulations of the business contract. These are always
considered more effective than go for litigations and other. Matters of code or
law.These alternative dispute resolutions are always considered better to
implement and again better results for the dispute resolution. It also improves
the performance of judiciary and help to reduce the expenses over litigations (Kavalnė & Saudargaitė., 2011).
References
of GREEN LIFE LLC
Chong, H.‐Y., & Zin., R. M. (2012). Selection of dispute
resolution methods: factor analysis approach.". Engineering,
Construction and Architectural Management .
Kavalnė,
S., & Saudargaitė., I. (2011). Mediation in disputes between public
authorities and private parties: comparative aspects. Jurisprudencija
(18), 251-265.
Keršuliene,
V., Zavadskas, E. K., & Turskis., Z. (2010). "Selection of rational
dispute resolution method by applying new step‐wise weight assessment ratio
analysis (SWARA). Journal of business economics and management , 11
(2), 243-258.
Oni-Ojo,
E. E., Iyiola, O. O., Osibanjo, A. O., & IGBINOBA., E. E. (2014). Managing
Workplace Conflicts in Business Environment: The role of alternative dispute
resolution (ADR). European Journal of Business and Management , 6
(36), 74-82.