To ensure that l, as the vice president of sales, am fully aware of all the acts involved with the complaints being filed by customers, I would engage in the steps of discovery. With the aid of the company legal department I would formulate a series of questions, or interrogatories, which would examine the causes of the claims filed by customers with our customer service department. An example of an interrogatory is, “Please furnish the names of all persons known to you that have any involvement in this claim. Secondly, I would file a “request for production of documents”, this would help to identify any contractual obligations our company had to our customers post sale and whether a vehicle for conflict resolution IS identified in the sales contract. Finally I would request our legal department to take the depositions of all parties involved with the claims. I was involved in a similar situation when I complained to the manufacturer of a gaming console that I purchased for my son. Annotated the customer service department of Sony, and complained that my son’s Sony Plantation’s graphic user interface (GIG) was unresponsive. I was later contacted by the customer service department and asked to complete a series of questions regarding my complaint. Upon completion of the questions Sony replaced my son’s gaming console, and credited my Sony Palpitation account with 50. 00 to compensate us for our distress. 2. Two forms of Alternative Dispute Resolution are arbitration and mediation.
Arbitration is the agreement of disputing parties to have a third party to legally decide the merits of their dispute. Once agreed upon, arbitration is legally binding. Like arbitration, mediation is the process by which a third person, called a mediator, attempts to assist disputing parties in resolving their differences. Mediation is not a binding solution, rather it is just to help disputing parties to understand the dispute in order to avoid litigation.
The distinction between arbitration and mediation is that the decisions, made in arbitration, are legally binding, while the solutions Of mediation are not binding. An example of arbitration vs. mediation is if a union enters arbitration with an employer, over a wage dispute, the decision of the arbitrator is final and enforceable by law. Alternatively if the same union enters mediation with an employer, over the same wage dispute, the session made by the mediator can be rejected by either party, and the mediator’s decision is not legally enforceable. . The company sales contract should include a clause that requires the parties to attempt resolution through arbitration. The potential for lawsuits and the high dollar value associated with the customer claims necessitate a strategy that will limit cost while addressing the disputes with our customers. ADAIR through arbitration will save the company the potentially exorbitant cost associated with litigation. My contract with my credit card provider requires arbitration f any dispute that may arise during our contract.
When I entered into a contract with them, denied myself the right to dispute resolution through litigation. 4. With arbitration, the court will enforce the final decision, making every reasonable presumption in favor of the arbitration reward and the arbitrator’s acts and proceedings. In the event of fraudulent or arbitrary acts by the arbitrator, the decision can be subject to judicial review. In such cases, the reviewing court must establish that an arbitration award is contrary to the public policy which arises from laws and legal precedents.