End of Chapter Case uestions: Questions are from the Case Problems section found
ID: 397763 • Letter: E
Question
End of Chapter Case uestions: Questions are from the Case Problems section found at the end of each chapter. Answer each assigned case problem completely with a justifiable decisi on that based upon the law and what you have leamed in class. In order to receive full points for your answers please use the following IRAC fomat. The entire assignment is worth 30 points. Assignments are due on a weekly basis. 1) Identify the issue in the question. The issue is typically the question at the end of the facts 2) State the rule of law. The rule oflaw is typically be foundin the chapter and it is the rule that applies to the issue 3) Analyze the facts ofthe case and apply the rule oflaw 4) State your conclusion based upon the facts and the law.Explanation / Answer
Issue: What is the type of ADR clause to be included that will not alienate Turkish partner?
Rule: Alternate Dispute resolution methods allow solving conflicts without litigation and it includes negotiation, mediation and arbitration. Most of the disputes are solved through negotiation and mediation uses a neutral person called mediator and the mediator tries to reach a voluntary settlement with the two parties involved in dispute. Arbitration also brings a neutral third party, but the arbitrator has the power to impose an award and the final outcome cannot be controlled by the parties.
Analysis: If negotiation is selected for the ADR, the Turkish partner may not be able to negotiate properly as he is from a different country. In the case of arbitration also the Turkish partner may feel alienated as the arbitrator would impose the decision and the parties won’t have control on the outcome. But mediation would be a fair method for the Turk because it provides a win-win potential for both the parties irrespective of the country. The mediator would listen to both parties, sort out the serious issues, prompt the parties to consider new perspectives and looks for areas of agreement. Both of us would have control over the situation and no settlement takes place without the sign from both parties. The discussions are kept confidential. Hence the Turk would be able to think and talk openly without the fear of losing. We can reach a voluntary settlement and hence the method would help to ensure a long term relationship between us.
Conclusion: The ADR should include mediation to ensure that the ADR clause does not alienate the Turk partner.
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