Alternative Dispute Resolution

Alternative Dispute Resolution

Alternative Dispute Resolutions: Arbitration Clause

Saundra Stewart

Kaplan University

LS311–01: Business Law 1

Professor James Starcher

May 1, 2012



Disputes, disagreements, differing opinions, and arguments, what do they all have in common? They all involve two persons or groups that have different ideas that are in conflict with the other. When these differences arise we as a civilized society usually are able to work out some solution that may work to the benefit of both parties. This process of resolving these conflicts is called Dispute Resolution.

There are three basic categories of Dispute Resolution that are often used: 1) Negotiation; 2) Mediation; And 3) Arbitration. Negotiation is the process where the two parties will ... Show more content on Helpwriting.net ...This process does not stop as we grow older. As we age our life experiences have great input on how our decision making process works and what values, beliefs, and standards that we seek to uphold.

The actions that occur as a result of our thinking process can be considered Ethics. In essence, Ethics is a study of our actions that can be considered right or wrong behavior. (Miller, 2012, p. 61) Business Ethics is the study of the decisions we make in the business environment and whether or not those decisions are good or bad.

Two schools of thought are primary to Ethics and how we subscribe or view them. The first school is considered Outcome based Ethics. This school of thought is also referred to as Utilitarianism. The basic premise is that the end result of the action or decision justifies the action or decision that was made or taken. Another way of putting it is that the ends justify the means. (Miller, 2012, p. 64) The second school of thought is considered Duty based Ethics. Duty Based Ethics is often based on religious percepts or philosophical reasoning. On the religious precepts, one example would be the Christian used of the 10 commandments. Christianity bases its code of conduct and behavior on these 10 rudimentary principles for living and dealing with others. The philosophical approach was put

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