BUSI 301 Application Activity 2 Alternative Dispute Resolution Analysis Assignment solutions complete answers
Silvia, what happened the other day?
well, this group of students from the university came over to tour my shop. And one of the students used a saw without permission and cut his thumb off! It was horrifying!
Where were you when this happened?
Well, rest of group and l were in the next room when we heard the screams.
We then came out and saw the blood and rushed the young man to the hospital where they tried to reattach his thumb. Sounds like he is going to need multiple surgeries to fully regain function
I'm very sorry that happened. It must have been very difficult for you to witness. But unfortunately, the young man, Dash, and his insurance company have filed a complaint against you in state trial court. They are claiming you were negligent and are responsible for his injuries.
I know I can't believe it! I helped get him to the hospital. I thought I did everything I could.
Did you have the students sign some sort of waiver? That might help protect you from liability.
Yeah, and a non-disclosure agreement! I brought a copy.
Do you know if Dash signed it?
I'm pretty sure he signed one, they all did, but his teacher forgot to hand me the stack before class left.
Hmm. Do you have insurance on your property?
Unfortunately, no. With money tight right now, I did not renew my insurance since I own the property and the building.
That's really unfortunate.
So, what do we do?
Well, we definitely want to respond to the complaint, otherwise we could be facing a default judgment.
A default judgment means we would automatically lose night?
Right.
So what else can we do?
Well, most likely the least expensive and quickest way to resolve this dispute is to:
I agree that's probably the best route.
Okay, but can you first help me understand why going to trial is a bad idea? l want the world to know that I did nothing wrong.
Okay, I agree that a trial is out, but what would an arbitrator do?
Well, an arbitrator is a neutral third-party.
And as Name suggested before, arbitration can get very expensive! It is also less predictable because the decision is out of your hands.
Thanks for the explanations. So, now it looks like the best bet is negotiation. So how do we do that?
Well, we could try to negotiate just with them. Or we could ask them to mediate
What does “mediate” mean?
So will the mediator decide our case?
Okay, so l think I want to mediate.
Okay, great. One of the best things to do before mediation is to think about your negotiation strategy. Because in essence, mediation is a facilitated negotiation.
So how do we strategize?
Okay good. So, what I've put together for you is call a sheet what we negotiation planning It's just for us, but it's a good thing to know.
We just need to strategize on one more big thing.
We need to think about what our initial offer will be.
