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Provide which ADR(Alternative Dispute Resolution) option would work best in all

ID: 398571 • Letter: P

Question

Provide which ADR(Alternative Dispute Resolution) option would work best in all of the given situations and why you feel that way. And submit.

Bill and Ted enter into a business relationship in which Bill provides Ted with raw materials to make custom surfboards. Ted then makes the surfboards and gives them to Bill to sell. The sales proceeds are used to pay off the raw materials and then whatever profit exists is divided evenly between Bill and Ted. Everything is “excellent” until Ted realizes that he is doing more of the work than Bill. Bill and Ted disagree over whether Bill should continue to receive an equal share of the profits, but they want to continue to do business together since they are making money in the growing custom surfboard industry (Dude). What ADR option would you suggest for the parties to try to resolve their dispute and why? What are the strengths and possible weaknesses of ADR in a situation like this one and how would you advise the parties when preparing for ADR?

Explanation / Answer

The ADR option that I would suggest for the parties in this case is - Mediation.

Mediation is a process of resolving disputes by an independent third party who assists both the conflicting parties to sort out the issue amicably. Mediator helps in identifying issues, developing alternatives and presenting them to the parties for their mutual agreement. Mediator always maintains neutrality in the dispute resolution.

This involves a face-to-face and structured meeting with all the people involved in the dispute.

Mediation is suitable when the parties want to make decision themselves but require assistance from a third neutral party in arriving at the decision.

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