Arbitration: Arbitration is an alternative to litigation for resolving disputes. It is defined as a process through which a neutral party (the arbitrator) listens to the two parties’ dispute and then makes a ruling that is usually binding on the parties. In comparison to litigation, the parties control the process so that they have say in certain rules such as degree of formality, privacy, and the arbitrator. In the end, this alternative dispute resolution is cheaper and quicker which leads to an overall sense of satisfaction for both parties. The arbitration process is outlined in Clause 19 of the Airbnb Terms of Service. Before potentially engaging in arbitration, the two parties will attempt to negotiate an informal resolution with the …show more content…
It arises when the plaintiff decides to take legal action and initiate a lawsuit against the defendant. Like stated above, litigation is the most expensive and the longest dispute resolution method. Not only that, but neither parties have any choice over process and decision maker. Litigation is far from private and typically ruins any relationship the parties have had. Then again, no agreement to proceed is required and the case itself sets the precedent for the future. When relating to Airbnb, the most common cases are where Airbnb is involved in a litigation process with a city regarding its zoning laws. Some examples are San Francisco and New York City which involved a long and grueling process. Then again, apartment management companies and actual members are also known to engage in suing Airbnb. Since they are a popular company, there a little to no loopholes one can find to sue Airbnb. In addition, this method is not as popular since in Canada, the losing party pays a portion of the winner’s legal costs which increases the risk of losing and discourages most plaintiffs. Relating to this fact, Airbnb will try and choose the best of the best to represent them which increases their costs but also their chances of winning which could also discourage others from …show more content…
This aspect is defined as unreasonable conduct for the situation at hand. This includes carless acting or omissions which cause harm to another person/party. Airbnb’s policy depends on the location of which you reside in to establish negligence. For example, if you live outside the U.S, it does not affect Airbnb’s liability for death or personal injury arising from negligence. Although, if you reside in the EU, the Airbnb Platform will be liable under statutory provisions for intent and gross negligence by Airbnb or any other representatives or affiliates. In addition, they are also deemed liable for any negligent breaches of essential contractual obligations. After researching negligence related to the Airbnb Platform, I found an interesting article which I will discuss. A 51-year old woman is seeking to hold Airbnb accountable for an alleged sexual assault by a host who was not properly screened. The background of this story is that this woman rented a room from a host who’s been previously accused of domestic violence. Airbnb claimed it has conducted a background check on this man but since he was not convicted, they allowed him to be a host. As this event is still ongoing, the host has been removed from the platform until further notice. Since this case was a one-of-a-kind in relation to Airbnb, I decided to discuss it since the plaintiff was suing Airbnb for
While the restorative justice movement has risen in recent years, the idea of circle sentencing, or peacemaking circles has been practiced in indigenous cultures for quite some time. As we look at implementing traditional indigenous culture practices as alternative dispute resolutions, we need to realize the effectiveness and also whether we are ready to use them. The Yukon and other communities reintroduced circles in 1991 as a practice of the restorative justice movement (Bazemore, 1997, p.27). Around that same time, Minnesota made the breakthrough in borrowing the practices with each band of Native Americans having their own political communications. Because Minnesota has seven Anishinaabe tribes and four Dakota communities, it has been one of the first states to lead the way for this new program. A circle sentencing program has also been implemented in North Minneapolis for African-American juvenile problems (Ulrich, 1999, p. 425).
The role of the BBB is to help resolve customer’s complaints. Customers must attempt to resolve their situation independently before they involve the BBB. Once the BBB is involved, they use a 3 step communication technique. The first is conciliation; The better business Bureau sends out a copy of the complaint to the company for review and a reply. After a 3 week deadline, the BBB awaits reply to see if the situation has been resolved. The second step is Mediation; This step offers help and guidance in resolving a mutual resolution for both the customer and the business. The third is Arbitration; This is an informal process where both parties must agree to a binding decision. The arbitrator will allow each party to present their respective sides and introduce relevant evidence. The BBB has a 70% success rate for solving customer complaints.
Alternative Dispute Resolution (ADR) involves resolution methods and approaches that fall outside the structure of the judicial process. Despite its praise in preventing costly litigation and unpredictable outcomes when there are severe disagreements and impasses this, there have been objections to ADR in the past. Still, alternative dispute resolution has increased its comprehensive reception among the legal profession and business world, in recent times. In fact, numerous courts require applicable parties to remedy through resolution before consenting the parties' cases to be heard. In addition to the increased caseload of traditional courts, its growing popularity can be linked to the perception that ADR levies lower costs and
1. Arbitration is a matter of contract. That means the parties are not required to arbitrate a dispute they do not agree to submit to arbitration. The court will decide if there is a duty to arbitrate or not. 2.
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
Arbitration is an alternative to litigation between two parties in dispute. This method of dispute resolution is used by opposing parties outside a court of law. In Arbitration, both parties agree to a neutral panel, called an arbitration, who hears their dispute and decide the outcome. Arbitration uses an adversarial system much like litigation and offers a binding decision from the partly of their choice. Organizations in a Collective Agreement benefit by using arbitration instead of litigation because of the greater degree of control it give the parties, the ability for the parties appoint their own arbiter(s) and is generally a cost-effective approach compared to litigation.
Disputes are almost unavoidable between people when there are disagreements or misunderstandings. In the construction industry, contractual relationships could lead to dispute. To resolve disputes, construction disputes are most likely encouraged to use Alternative Dispute Resolutions such as arbitration, mediation, and mini-trials to resolve their disputes faster and keep the dispute confidential and at lower cost (Ray, 2000). The construction case presented in this paper first resorted to negotiation; however, it could not give the parties a resolution which led to a mini-trial.
Negligence is a concept that was passed from Great Britain to the United States. It arose out of common law, which is made up of court decisions that considered whether a defendant had an obligation to act with greater care. It is conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm and involves a failure to fulfill a duty that causes injury to another. Many torts depend on whether there was intent but negligence does not. Negligence looks to see whether the person had a duty to act with care. It emphasizes the need for people to act reasonably in society. This is important because accidents will happen. Negligence helps the law establish whether these accidents could have been avoided, if there was a breach of duty to act reasonably, and if that breach was the cause of injury to that person. By focusing on the conduct rather than the intent of the defendant, the tort of negligence reflects society’s desire to
As human beings, we experience conflict in our everyday lives. It is a natural phenomenon of our personal and professional existence, that it becomes an inevitable component of human activity. In today’s ever-changing business environment organizations, conflict resolution styles are seen as culturally defined event. The success and efficiency of channelling conflicts, whether in a positive or negative manner, can affect the nature of it as being beneficial or destructive to us. However, if it is properly managed, it can in fact ‘increase individuals innovativeness and productivity’ (Uline, Tschannen-moran & Perez, 2003) while offering ‘interpersonal relationship satisfaction, creative problem solving, the growth of a global workforce and domestic
Conflict always rises from differences because it is a disagreement of people and their values, motivations, perceptions, ideas and desires. Not necessarily these differences seem unimportant however a conflict causes strong feelings, a relational need of core problem, feelings of respect and value and closeness and intimacy. Conflict can be resolved through mediation, negotiation and arbitration process however mediation is the best means to resolve conflict in every sector. Different figures have different definition about mediation but there is still no universally agreed definition of general theory of mediation however Moore’s (2003) mediation definition is appeared more scientific and universal. According to Moore (2003), mediation is
The ADR process that is used in a particular situation depends on the circumstances of that case. According to the Commercial Division of the Supreme Court, New York County, the principal forms of ADR are the following: 1) Mediation- A process in which a Neutral attempts to facilitate a settlement of a dispute by conferring informally with the parties, jointly and in separate “caucuses,” and focusing upon practical concerns and needs as well as the merit of each side’s position; 2) Neutral Evaluation- A process in which an expert Neutral receives a presentation about the merits from each side and attempts to evaluate the presentations and predict how a court would decide the matter; 3) Arbitration- A process in which the parties present evidence to a neutral or panel of Neutrals, who then issues a decision determining the merits of the case. An arbitration may be binding or advisory, depending upon the agreement of the parties. If binding, the decision of the arbitrator (s) ends the case, subject only to circumscribed review pursuant to Article 75 of the Civil Practice Law and Rules.
ADR holds an extensive, easily influenced and diverging choice of processes for finding solutions for disputes which are personified by structured negotiation and consensus. It is regarded that arbitration is a familiar ADR technique, however, it is a more of a official adjudicative and adversary technique initially a confidential litigation process which has more commonality to litigation than the more original consensual processes which symbolise ADR. As simplified by Angyal (Alternative Dispute Resolution, 1987, p. 11):
Alternative Dispute Resolution Resolution in the courts is not the only method of dispute resolution. If the parties can resolve their own differences then there would be no need to use the court system which would benefit all parties being the claimant, defence and the civil justice service. Although the court service is a good and fair way of dealing with civil disputes in might not be the ideal way in getting the best result for both the parties. There are four main ways of alternative dispute resolution (ADR) they are; Negotiation, Mediation, Conciliation and Arbitration (also known as a Formal Settlement Conference or mini-trial). Negotiation is a method whereby the two parties try to resolve their differences by sitting down together in the hope of reaching an agreement.
Its essence is that it is an agreement through which the parties involved in a dispute try to solve it outside a court system. For the most part, businesses request that workers consent to an arbitration, in which they surrender their right to sue in court over employment-related issues, for example, termination and discrimination. A worker who consents to an arbitration agreement promises to pursue any claims through arbitration, rather than a lawsuit. One detriment to the arbitration process is it restricts the amount of data every side can get from the other. Generally, this hurts the employee because the business is generally the one possessing the majority of the reports and data relating to the employee 's case. Mediation, on the other hand, is a system in which there is an active participation of a third party, which plays a role of facilitating the process of dispute resolution and suggests the solutions for resolving such disputes (Sirbu, 2013). The employment situation that is best solved by arbitration is a situation in which there is a dispute between the labor unions and the employers concerning the wages of the employees. Mediation best solves a situation in which employees are pushing for their
In selecting arbitration, the parties decide on a confidential dispute resolution practice instead of going to the court. The Alabama claims were a diplomatic dispute between America and the Britain that emerged out of America’s Civil War. The diplomatic resolution of the claims even a decade after the war set an significant example for solving severe international problems through arbitration, and established the foundation for deeply improved dealings between the UK and the United