540 WK 4 Non-Employment Conflict Adr Worksheet

Essay by dksantosUniversity, Master'sB, July 2010

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Resolving Non-Employment Conflict

Alternative Dispute Resolution Research Worksheet

University of Phoenix

Alternative Dispute Resolution Research Worksheet

Resolving Non-Employment Conflict

Research-The purpose of this research is to identify potential alternative dispute resolution strategies that could be used by M-Core.

Topic : Alternative Dispute Resolution

The Toro Company

The Toro Company, a large manufacturer of lawn and turf care products, had a problem with the manner in which it dealt with liability claims. The company had taken on the traditional method of going to court to litigate its claims. This method although most often favorable toward the company, cost the company time and money. The time spent on a claim could last years and cost significant sums of money. Often the time spent preparing for a trial was wasted as the claim was settled before the trial began but not before the years of preparation for that trial.

In an effort to curtail losses in time wasted and money, Toro turned to mediation.

"This allowed the company to educate the claimant fully as to the risks of a jury trial, without any dilution of reality by the claimant's lawyer. Further, since a primary function of the mediator is to ensure that the claimant thoroughly understands the weaknesses of his/her claim, mediation created a forum for settlement negotiations unlike any other" (Olivella, 1996). Toro devised a system to evaluate each claim in an effort determine the claim's liability and damages. This system saved Toro money and time as the work was done in a matter of weeks instead of years. This system was an aggressive fact finding process conducted outside of litigation. This pre-litigation mediation saved Toro millions in damages and continues to benefit the company. Toro recognized the benefits of this pre-litigation mediation as seen in 90 to 95 percent successful resolution...