Courts and Business Disputes.
Are the courts the best forum to resolve business disputes?
ASSIGNMENT INSTRUCTIONS
Please provide relevant examples to support your argument.
Your paper should be no more than one page, double-spaced. All references and citations are to
adhere to APA style and formatting guidelines.
Are Courtrooms the Best Forum for Handling Business Conflicts?
2
ARE COURTROOMS THE BEST FORUM?
Are Courtrooms the Best Forum for Handling Business Conflicts?
Disagreements will always present during business interactions. In most cases, their
occurrence comes with losses for either one party or both. Justice has to prevail, but determining
what is just from the unjust is not always the simplest task. So, the process involves dispute
resolution strategies, and courtrooms cold be the destination. Before even handling the
disagreements at hand, parties need agreeing on how to do it. Are the courtrooms the best forum
to take and resolve conflicts that arise in business setups? No, there are a several other more
efficient, cost-effective, friendly, reconciliatory, and applicable means of carrying out the
activity.
Litigation achieves poor outcomes in terms of reconciliation. In most cases, parties tend to
take a competitive rather than a reconciliatory approach when in courtrooms. Litigation is
popular for parties that would wish to gain while hurting the others. However, the method falls
short in comparison to arbitration in situations where both sides have a common will to reach a
swift solution to their misunderstandings (Norman, 2014).
Lawsuits are also stressful methods of conflict resolution. Even the plaintiffs experience a
certain degree of emotional distress following their actions. Parties keep reliving the events
behind the litigation and in so doing they hurt their emotions (Strauss, 2010). Methods such as
mediation and arbitration have little of such effects.
3
ARE COURTROOMS THE BEST FORUM?
Time is probably the most disadvantageous aspect of litigation. Lawsuits go for years with
parties visiting courtrooms now and then. Though some courts hasten the process, achieving the
speed of other means such as arbitration may not be possible. Gaines vs. Hennen is a historical
case that took 58 years (Altschuler, 2014). It illustrates how long lawsuits could be.
Parties should use lawsuits as their last alternative. Arbitration is the best alternative in
resolving business disagreements (Free Advice Staff, 2015).
4
ARE COURTROOMS THE BEST FORUM?
References
Altschuler, H. (2014, February 27). How long does it take to litigate a lawsuit from start to
finish?
