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benefits to alternative dispute resolution
benefits to alternative dispute resolution
benefits to alternative dispute resolution
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Introduction
There is a complex legal issue that has the attention of senior management at the Alumina Company. How that issue is handled will affect the way the company does business and its standing in the community. The purpose of the next few paragraphs will be to describe the company and its stakeholders, determine the values of the company, set the current situation, analyze the risk factors in possible solutions and present a best solution for Alumina to follow.
The company/stakeholders/values
Company info
Alumina is a four billion dollar company based in the United States of America; it has operations in eight countries and seventy percent of its business is in the United States. Business interests include, auto parts, bauxite mining and aluminum smelting.
Stake holders
1- Chairman Roger Lloyd – iron willed, quick tempered, his word is law
2- COO Chris Blake – calculating, genial personality, can be cutting, can convince people he is right
3- Head of PR Diane Richards – handles all the tough PR assignments, has great favor with the board for handling PR issues overseas with angry investors, not afraid to use her abilities to her advantage
4- Legal Counsel Arthur Todd – handles the regulatory and litigations issues in hazardous waste and environmental regulations, clean water issues, dredging of rivers, filling in wetlands, etc. “In the past 25 years, the federal government has enacted a series of laws regulating the impact of private enterprise on the environment. More and more companies are hiring environmental managers to deal with environmental compliance issues.” (Reed, et al, 2005, p512)
5- Kelly Bates – A local resident who filing an environmental lawsuit against Alumina, possibly wrecking the good enviro...
... middle of paper ...
...to be made beyond the facts of whether or not Alumina is releasing chemicals above the legal limits. Among the issues are the public relations Alumina wishes to have with the community, the possible release of company information that could hurt Alumina in the aluminum business and desire for Alumina to operate in an ethical manner. After examining the risks associated with the options presented to them, the decision by Alumina to work out their differences with Kelly using the services of an Alternative Dispute Resolution System proves the best answer for the problem given.
References:
Reed, O., Shedd, P., Morehead, J., & Corely, R. (2005). The legal and regulatory
environment of business. New York: The McGraw-Hill Companies.
Scenario One, Legal Environment of Business (2008). Business Regulation. Retrieved May 15, 2008 from University of Phoenix: rEsource.
Miller, R. L., and Hollowell, W. E. (2006). 2007 Business law and legal environment texts. Mason, OH: West Legal Studies in Business.
Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY: McGraw-Hill/Irwin.
Exxon/Mobil, one of the nation’s leading oil producers, has its main refinery located in Beaumont, Texas. Each year, the residents of Beaumont/Port Arthur have to contend with the 39,000 pounds of pollution spewed each year by the Exxon refinery. Exxon’s emissions are 385% above the state refinery average. In 1999, the Texas Natural Resources Conservation Committee (TNRCC) allowed the plant to increase their emissions, without allowing the public to have a say in the matter. Interestingly, 95% of the people living near the plant are of African American descent and are in the poverty range. Some believe that this, along with the lack of education in the area, allows Exxon to get away with such high emissions. Residents in nearby neighborhoods have been complaining of headaches, nausea, eye, and throat irritation for years. Since 1997, Mobil has repeatedly violated health standards in its emissions of two key air pollutants: sulfur dioxide and hydrogen sulfide, These “rotten egg” smells are so strong, one can smell it through a car driving past the refinery. After numerous complaints and one record of a refinery worker becoming unconscious because of the fumes, the EPA awarded Exxon with a $100,000 environmental justice grant in October of 1998. Hopefully, Exxon has put the money to good use and cleaned up their emissions.
172) on this matter in front of the local environmental advocacy group. The decision confirms to the individualism approach (Pg. 157) but violates the justice approach (Pg. 158). A resulting protest can bring things to a grinding halt at Chem-Tech and jeopardize Nathan’s and all employees’ careers and livelihood. Such an action by Nathan implies that he is at the postconventional level (Pg. 160) of moral development, as his internal values assume greater importance than the expectations of significant
Schmitz, A. (2012). The Legal Environment and Business Law (Executive M.B.A. Edition v. 1.10 ed.). [Adobe PDF]. Retrieved from
They claimed that the clearance of dumping hazardous waste from the Tennessee spill to Arrowhead in Uniontown, Alabama was a violation of the of the civil rights clause. The intentions of the Civil Rights Act Title VI is to, “prevent discrimination by government agencies that receive federal funds,” and the petitioner is arguing that ADM should be reviewed because this corporation receives “millions of dollars in financial assistance from the EPA each year.” In response to these allegations presented in this case, ADM emphasized that they did give permits to these companies without regards “to the racial composition of any impacted communities,” and that they were deeply outraged at the citizens tattering Arrowhead’s
Mallor, J. P., Barnes, A. J., Bowers, L. T., & Langvardt, A. W. (2013). Business law: The
Twomey, D. (2013). Anderson's Business Law and the Legal Environment, Comprehensive Volume [VitalSouce bookshelf version]. Retrieved from http://digitalbookshelf.southuniversity.edu/books/9781285696683/id/L35-1-7
Mayer D., Warner D.M., Siedel G. J., and Lieberman J. K. Business law and the legal environment. (Vol. 1.0.1). flatworldknowledge.com. Retrieved from
The problem with pollution prevention is that it requires people to understand more than the intimate details of the production process; they must also understand the technical possibilities. Many corporations have environmental managers, which are generally responsible for helping corporations comply with the law. According to the case study, the work of environmental managers often expose them to many pollution prevention solutions, but they often have trouble getting access to production areas. Production often sees Environmental Managers as "the compliance police".
As indicated from the case, when Bob found out about Al’s trip to Detroit, he got very upset as he did not know that Al was there to close the deal with Delta Corp. This example shows a lack of communication between Bob and Al. I believe its Al’s responsibility to make sure that all the important, critical information is known to Bob and to other senior
The Criminal Process in Environmental Regulation. (n.d.). UH Law. Retrieved April 6, 2014, from http://www.law.uh.edu/faculty/thester/courses/Environmental-Practicum-2014/syllabus/chap6.pdf
Foote, Susan B. 1984. ¡§Corporate responsibility in a changing legal environment¡¨. California Management Review. Spring. V.26, p. 217-228.
Nuclear power plants create plutonium, factories let poisonous gasses into the atmosphere, and chemicals are dumped into the drains and washed into our water everyday while being unknown to the people around them. The issue then becomes what to do with these poisons at the cheapest cost to retain the most revenue. In A Civil Action the W.R. Grace company decided that the best place to dump the T.C.E. was in the river behind the plant. It's too bad that all the people who lived down stream were also effected by the carelessness of this company. It got into the drinking water and gave kids cancer and seizures among other health conditions. These companies try to cover up these kinds of things as much as possible by buying people off. They think that if they give people money for their losses than everything will be alright. For huge corporations dealing with billions of dollars these payoffs are only a drop in the bucket for them.
One main problem our earth faces is pollution. In the article Workers Are Told To Join Battle Against Pollution (1971) the state AFLCIO got together its 500,000 members in the war against pollution. They cracked down of plants contributing to air and water contamination. Joseph J. Stevens, executive vice president of the statewide labor group, called upon union members to cooperate in the elimination of pollutant violations existing in the plants where they work. Their objective, “is to improve and preserve a healthy environment and to save the jobs as well as the good health of industrial and craft workers assigned to all plants in our state.” They believe that the federal and state environmental agencies should mean business in closing down the violators of the clean air and clean water codes. Detecting such violators and stopping them will not only lead to an early correction of pollution but...