- Explain whether this situation is best handled by litigation or by a particular form of alternative dispute resolution.
In the case scenario presented here, the produce manager realizes that the woman has fallen due to the banana peels that were lying in the floor. The husband shouts at the produce manager, suggesting that they will sue the company.
In this case scenario, I think the most probable resolution is through the adoption of mediation form of the the alternative dispute resolution. The woman should liaise with the husband on the possibilities of agreeing or negotiating with the company on how to solve the mess in the most amicable way as possible (Sourdin, 2008).
- Based on how you would handle this situation, either through litigation or a particular form of alternative dispute resolution, outline the key next steps involved in seeking a resolution. Justify your response.
Mediation and facilitation are informal processes of resolving case. There are several steps of the mediation:
- In this case, each of the two sides presents their case to the company attorney or any other attorney to avoid biasness i.e. between the producer manager representing the company and the woman and her husband.
- The facilitator or the independent attorney attempts to negotiate the settlement between the two sides or parties.
- In solving this case, the mediators usually put numbers on the case, meaning that he has laid a dollar value on processing the case that he believes that it is a reasonable amount to resolve the dispute.
- The parties are then given fixed times to settle their cases by rejecting or accepting the number.
- If the parties accept, the case is thus automatically settled.
Arbitration resolution is a more formal type of the alternative dispute resolution mechanism as it triggered by a contractual agreement between the two conflicting parties where each of the parties must sign an agreement that they are ready to face the arbitration process. Arbitration is different from the mediation since arbitration is decided by the attorneys and or bench of judges.
- Determine whether Ms. Greene is an independent contractor or a part-time employee. Provide a rationale for your response.
Ms Greene is both an independent contractor and a part time employee. She is an independent contractor because he used to decorate the cakes as from 6 to 9pm on Monday, Wednesday, and Fridays nights (Sourdin, 2008).
At the same time, she worked on the weekends 8 hours a day as overtime .she demand equal treatment like the part-time e employees like being given the overtimes and the employee’s discounts.
- Explain the reasoning supporting whether or not Ms. Greene should receive the same benefits as part-time employees.
Ms Greene should be treated like the other employee because the working on Saturday and Sunday are not within the contractual agreement. She thus should be paid the benefits like other employees.