Essay on "Business, Law and Ethics"

Essay 4 pages (1264 words) Sources: 4

[EXCERPT] . . . .

The private institutionalization, therefore, protect organizations from legal liability while limiting laws impact on managerial power.

Repeat players devote little time researching on alternative dispute resolution that shapes the meaning of law; this facilitates further repeat player advantage. Vermont uses collaborative justice systems that balance the dispute resolution structure; this is achieved by a model that balances various stakeholder values. This ensures that repeat player advantage does not exist at the expense of consumer, interests, unlike in California. The difference in adjudication in both states inhibits and facilitates the conditions to which the organizations are less or more likely to flow into the law.

Recommendations

Although sometimes the alternative dispute resolution systems can be unfair to other stakeholders others like, the employees can use strikes to ensure enforcement of their rights. Despite the presence of different dispute resolution systems, there should be rights-based system which ensures abuses and problems of the systems are corrected (Charles, and Scott, 2012). Interest-based dispute resolution systems can be utilized as a substitute because they were established as alternatives to the right-based systems. There should be the formation of dispute solving systems which are based on changing organizational culture and employee attitudes. Dispute resolution systems should be properly examined to ensure that there is a dispute design which has a purpose, deliberate and conscious planning in the organizational alternate dispute resolution systems. Different organizations should implement sub-systems of organizational

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management policy which ensures that all parties' interests and roles are well defined. There should also be measurement and evaluation in the dispute design process because they are fundamental concepts, which are overlooked, yet they have a positive return value. In the process, most importantly all stakeholders should be involved to ensure that an interest-based model can be formed (William and Kiliaan, 2003).

Conclusion

Alternate dispute resolution systems are advantageous, because they are alternative to the law, and help in solving many disputes that arise in the organizations. These disputes take time, and the courts cannot effectively deal with them. The employee satisfaction, performance and loyalty, are attributed to the alternate resolution systems that offer employee satisfaction. Hence the alternate dispute resolution policies should effectively focus on all stakeholders in the drafting process, in organizations. Equal Employment Opportunity Commission (EEOC) can as policy guidelines in the arbitration process in employment disputes. In the alternative dispute resolution procedures, other labor laws and employment policies can be combined to ensure that they promote public law.

The study shows that neutral dispute resolution processes have led to unfair advantage to some states. Hence law should be balanced to ensure equal treatment under the same circumstances; there should be standard dispute resolution training programs and manuals, for justice to be done in the different settings, in organizations. Arbitrators should be taught to be just and impartial to different stakeholders. The article has different implications on policies. It shows that certain loopholes exist in the policies covering private resolution process. The article depicts that private consumer norms undermine consumer protection laws. Hence, certain policies should prevent undue advantage to other stakeholders by passing through different approval processes. There should be collaborative policy making which will ensure that all stakeholders are properly protected by public and delegated policies. Laws governing corporations are always ambiguous in their meaning hence; there should be a focus on the concise meaning of policies to ensure that different laws and policies are well interpreted.

References

Charles, R.S. And Scott, M. (2012). Strategic Organizational Communication: In a Global Economy. Atlanta: Wiley and Sons.

Samuel, E.D. (2004). Alternate Dispute Resolution In The Employment Arena. Chicago: Kluwer Law International.

Shauhim, T.A. (2012). How Dispute Resolution System Design Matters. Law and Society.

William, J.K. (2003). Handbook on Conflict… READ MORE

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Quoted Instructions for "Business, Law and Ethics" Assignment:

“

My course is "The Legal and Ethical Dimensions of Business" and textbook is Law, Business, and society 10th edition. Also, we have done chapter 3,4,5,and 9 and some cases analysis in textbook as follows: 1. Nicholos v. Niesen 746 N.W.2d 220(Wisc. S. Ct. 2008) 2. IOTA XI Chapter v. George Mason University 993 F.2D 386(4th Cir. 1993) 3. Bad Frog Brewery v. New York State Liquor Authority 134 F.3d 87 (2d Cir. 1998) 4. Kelo v. City of New London, Connecticut supreme court of the united states 545 U.S. 469(2005) 5. Shlensky v. Wrigley 237N.E2d 776(III. App. Ct. 1968) 6. Veale v. Rose 657 S.W.2d 834(Texas Ct. of App. 1983)

Please look over these sources(we have done as I mentioned) and then follow the essay's requirements.

The essay detail as follows:

This project needs to choose an article or news story from a recent publication having to do with business regulation or business ethics. Recent means within the past three months. Note this is a business course, my project should be relevant to business. Write an essay or analysis of material in the article to help the reader better understand the textbook discussion or to help crystallize your own opinion about the textbook materials. Your conclusions do not have to reflect the opinions of the reader or the majority of the class; however, your discussion should be clear, be supported by some evidence other than personal opinion, and be consistent. This is not merely a report, but your analysis and opinion. This is not an assignment to discuss a case, although a lawsuit may illuminate an issue about regulation that you believe is good law or that you believe ought to be changed. The project should have the following: 1. An introduction which briefly describes to the reader the material to be discussed and which identifies the position you are talking regarding the material. 2. A middle in which you discuss, analyze, and comment on the material in the article. 3. You should bring out concepts included in the text, discuss both arguments for and against your opinion, and you are encouraged to provide rational disagreement to any points promoted in the article. 4. A conclusion in which you tie together the various points articulated in your discussion. 5.Include a copy of the article on which you have based your project. Please do not include the original article, but only a photocopy 4.Please note that I use the American convention in referring to a corporation or agency in the singular. Also note that singular nouns require singular pronouns.

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