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Advantages and importance of Alternative Dispute Resolution
The Role of Law in Business
Advantages and importance of Alternative Dispute Resolution
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Due to technological advancements and the mainstream culture of the United States, businesses are looking for more proficient ways to advertise and sell their goods to consumers. Since the internet and social media have taken off in popularity, consumers are noticing that social media can lead them to better sources for purchasing goods. Just as consumers are realizing the importance of social media, businesses have turned to using social media as a filter to reach their business and marketing goals. As the business environment changes, businesses are focusing on legal astuteness, alternative dispute resolutions and government regulation. Social media market managers recognize the importance of legal astuteness. “Legal astuteness […] is a valuable managerial capability that enables firms to increase realizable value in four […] components” (Bagley, 2008, p. 387). These four components are: a set of value-laden attitudes, context specific knowledge of the relevant law and the appropriate application of legal tools, the ability to exercise informed judgment, and a proactive approach. Ensuring a set of value-laden attitudes ensures company growth and attainment. Within these attitudes, social media market managers understand that law is fundamental to a business’s success. Managers comprehend that law creates the rules as well as heavily influences the societal consensus on moral expectations and moral values, as well as their development through time. The law doesn’t allow personal information to be shared with other businesses without one’s permission and “Facebook doesn’t share personally identifiable information such as your name or contact information with advertisers without your permission” (Facebook, 2014), which mitigates t... ... middle of paper ... ...ion. In Alternative dispute resolution: The litigator's handbook (p. 2). Chicago, IL: American Bar Association, Section of Litigation. Bagley, C. E. (2008). Winning Legally: The Value of Legal Astuteness. Academy of Management Review, 33(2), 378-390. The Constructor (2014). Alternative Dispute Resolution Techniques Resolving Disputes Without “Going to War”: Frost Brown Todd Law Firm. Retrieved May 4, 2014, from http://www.frostbrowntodd.com/resources-01-22-20071.html Facebook (2014). Advertising on Facebook. Retrieved May 5, 2014, from https://www.facebook.com/about/ads/#cookies Federal Financial Institutions Examination Council (2013). Social Media: Consumer Compliance Risk Management Guidance. Federal Register, 78, 4848-4854. Retrieved from https://www.federalregister.gov/articles/2013/01/23/2013-01255/social-media-consumer-compliance-risk-management-guidance#h-15
Social media is at the core of many marketing plans for corporations in the United States and world-wide. One of these companies at the forefront of social media use is Wells Fargo Bank, N.A. (Wells Fargo). The ability to directly contact customers and potential customers in a real time online environment is crucial to the bank / customer conversation and reinforcing the company’s place in a customer’s mind as the entity that they want to do business with (Wells Fargo Bank, 2014). This case study will discuss the current status of Wells Fargo’s use of social media as a means to building their customer base. Additionally, historical information on the process of the marketing move to social media will be presented and the development of the roles that are involved in this marketing strategy will be discussed. The impacts to the public sphere and society at large will play into the discourse of the social media topic and finally, the underlying theories will be discussed as they pertain to Wells Fargo and social media.
With the advances in technology constantly changing companies have to find better ways to market their products to consumers. The explosion of Facebook has given companies a way to market products to consumers. Examine how a legally astute manager can use social media to his advantage. Review different forms of dispute resolution and determine which one works the best. What is the best course of action, the government can use to control consumer transactions that occur across state lines. Which branch of government can be the most effective at regulating consumer transaction via social media? Give an explanation of the agency relationship that exists between social media sites, and the businesses that use them.
The 21st century world has witnessed perverted ascription to social media marketing sprouting from the fact that most people have migrated to their online cocoons. To succinctly integrate these online communities into their marketing campaigns, organizations have devised social media marketing campaigns geared towards either blogging, websites, or platforms like face book and twitter. However, there is need to adhere and evaluate the legal implications of social media marketing activities by these organizations. This paper presents responses to five questions raised on social media marketing.
The two forms of DAPs that this essay shall consider are Dispute Review Boards (DRBs) and Dispute Resolution Adviser (DRA). The DRA is a dispute resolution system that is based on an individual to avoid disputes. The procedure intend on having maximum party control. The DRA avoids disputes through site visits, familiarization techniques and strong relationships to be built; followed by a series of steps that become more and more interventionist as the early resolution procedures strike out, until a final form of short arbitration commences as a seal to the entire procedures. This form of procedure was first recorded to have been practi...
Alternative Dispute Resolution (ADR) involves dispute resolution processes and techniques that fall outside of the government judicial process. There has been moves against ADR in the past by entities of many political parties and their associates, despite this, ADR has gained inclusive acceptance among both the broad community and the legal profession in past years. In fact, many courts now entail some parties to remedy to ADR of some type, usually mediation, before allowing the parties' cases to be tried. The increasing attractiveness of ADR can be clarified by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to obtain larger control over the selection of the individual or individuals who will decide their dispute.
Sanvenero, Richard. "Social Media And Our Misconceptions Of The Realities." Information & Communications Technology Law22.2 (2013): 89-108. Communication & Mass Media Complete. Web. 24 Nov. 2013.
Larson & Watson (2011) define social media as “the set of connectivity-enabled applications that facilitate interaction and the co-creation, exchange, and publication of information among firms and their networked communities of customers.” The use of social media has been on the rise for many years. Social media has shifted web towards “user-driven technologies such as blogs, social networks and video-sharing platforms” (Smith, 2009, p.1). Different social media platforms include Facebook, MySpace, YouTube, Twitter, Instagram, and more. The shift to social media means that user generated content more often than not dominates what is on the web (Smith, 2009, p. 1). It also means that web content will be driven by the consumer.
In the world of commerce, employment, and other social relations, businesses and individuals strive to choose either arbitration or mediation (conciliation). There are situations when parties submit their cases to arbitration bodies for mediation and, vice versa, when mediators are requested to resolve the dispute through the arbitration award. The arbitration and mediation traditions vary from jurisdiction to jurisdiction, but their general ideas still remain similar. However, while a mediator in a single process possesses no entitled authority to render an award, an arbitrator is vested with more procedural powers and can execute a mediator’s functions. Furthermore, despite the flexibility of arbitration and mediation procedures, as well
Disputes or conflicts can arise in any workplace, family home, or institution and they exist when one or more parties disagree with each other’s views and require the help, support, or service of a third party person to find a resolution. A fair and balanced conflict resolution process is important for the most effective outcome between two or more parties. Advocacy and mediation are two of many conflict resolutions that can be used in order to solve a problematic situation. However, certain situations require the skills, processes, and procedures that are exhibited by one more than the other. In some scenarios there may be a need to use both conflict resolutions if one does not proceed accordingly. Understanding the circumstance of the situation is ideal in discovering which conflict resolution would allow parties to come to a mutual agreement or resolution.
Social media is pertinent in use of communication throughout today’s organizations. There are many social media platforms that allow organizations to convey communication to potential consumers, stakeholders and the public. “It is essential for leaders to integrate these technologies and seek the best way to use social media and networks to the advantage of the business” (Billington, 2012, p.1). Business owners find that keeping up with current technology trends is essential in having a competitive advantage in the market place and having a strict set of standards and strategy is important in quickly adapting to social media trends.
‘A dispute is a problem to be solved, together, rather than a combat to be won.’
Among the billions of social media users, there is a percentage dedicated to businesses who use social media as part of their marketing strategy. The sheer number of people who use services like Facebook and Instagram on a daily
The most concern of business organizations about using social media is the information overload. The volume of information on the Internet is growing exponentially and certainly, it will be hard for companies to control all the information related to their business (Wilson & Abel, 2002, p. 93). There is no way for companies to catalog and filter the wealth of information or to prevent consumers from misleading information. For instance, the common word-of-mouth marketing strategy, as said above, might be double edge sword because consumers might be negatively influenced by subjective experiences from dissatisfied consumers. Especially when the information is delivered quickly, it will seriously affect product performance and branding. Another struggle of using social media is that business organizations have to control and monitor their brands internationally. It means when the businesses expand into other countries, franchisors need to properly monitor their pages and protect their username rights on social media sites, assign franchises their own social pages within the corporate site as well as to prevent the trademark or trade-name infringement through the franchise agreement. (Ekberg, Härting, Hero, Lindsey, & Polsky, 2011, p. 24). With the explosion and development of social networking usage today, however, monitoring is not only time consuming and costly but also difficult when having to keep up with which site to
Social media can be used to target specific demographics through posts but it can also be used to communicate with customers as many businesses have began using Twitter and Facebook to interact with customer’s queries, complaints and feedback creating a close relationship with customers. Social Networking use has rapidly increase in recent years and has becoming a successful marketing tool for many businesses due to social media being incorporated into the daily life of millions. Social media can be used to target specific demographics through posts but it can also be used to communicate with customers as many businesses have began using Twitter and Facebook to interact with customer’s queries, complaints and feedback creating a close relationship with
Defense." Southern Illinois University Law Journal 30.(2006): 533-571. OmniFile Full Text Select (H.W. Wilson). Web. 2 Apr. 2014.