Business Law and Ethics Course Code: MBA/EMBA-505 Section: 03

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Business Law and Ethics

Course Code: MBA/EMBA-505


Section: 03

Final (part-1)

Submitted To:

Shabbir Mahmud Chowdhury

Joint District and Sessions Judge

Ministry of Law, Justice and Parliamentary Affairs, Bangladesh.

Submitted by:

Abu Sadet
2021-1-95-029

Submission Date: 29.05.2021


It is very difficult to said which dispute resolution process is the best but we know that it depends
on what parties want to achieve, whether their relationship is good or not, what extent they want
to compromise, whether they are concern about the cost or not, whether they want to resolve this
problem within short time or not, etc. So, after readout the case as an adviser of Green World I
think I will use mediation to solve the dispute.Why I choose this method that's reason I will try to
explain it below :

Mediation: It is a process whereby a third party who will known as mediator helps the parties to
resolve their dispute by agreement where mediator is a neutral person and will not imposed any
decision rather help the parties to find out a probable best solution to resolve their dispute.
Mediation is a consensual process where parties voluntary participate to resolve their dispute so
there is a high chance to get a better solution from this process because both parties have the
intention to compromise.

Since these two companies have long standing relationship whereby they have done several
successful deals previously so I think mediation is best option for them because they need to
restorative the relationship and we know that mediation is the process where the main purpose is
try to restorative the relationship.Secondly it's helps to maintain confidentiality of the information
and protect the reputation of the companies because through the case study we know that both the
companies had good reputation in the market. So if companies don't want to loose their brand value
and market share then it is good for them to use mediation process. So as an adviser I will use
mediation to protect the good will of the company.

Another major advantage is mediator is neutral person who have no authority to taking any type
of decision rather he helps the parties to take the probable best decision by mutual agreement and
he have no biasness or partiality toward any party.Since they take their own decision that's why
both parties are happy here and it is an win-win situation for them.Here, both parties are
satisfied.So there is a less chance for adversarial.Barriers are less in this process

In this process companies have better control over it and it helps establishes direct or indirect
communication between parties.If any of the party is not happy with the solution then he might be
go in court.This process have less cost and it will not take that much time to resolve the dispute
and people get speedier solution from this process.

Here parties need to maintain minimum formality.It will gives the flexibility in many situation
because if any party think that they can’t solve their dispute through this procedure then
immediately they can move to another dispute resolution process to solve their dispute.It will
permits innovative or unique solution to solve the dispute.

So after all the discussion and considering all the factors I hope that we will understand why I will
choose this dispute resolution process to resolve the dispute.

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