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Dispute Summary Paper Business Law

792 words - 3 pages

Dispute Summary PaperBUS/415David C. Cory, J.D.April 30, 2007Dispute summary paperWhat is alternative dispute resolution (ADR)? (Alternative dispute resolution are methods of solving disputes other than litigation).(Cheeseman, 2004, p. 41) ADR can be a great alternative to litigation because it saves on legal costs and time, by allowing mediators, arbitrators or other personnel to come to an agreement that will hopefully please the parties involved. In the case at my work, an employee was terminated for not doing their job and it resulted in the parties involved used the ADR process to come to an agreement.Summary of DisputeAs mentioned above, this case deals wrongful termination in the workplace. The situation that happened at my work was that one of our salaried employees got caught attending his daughter's softball game in the middle of the day, when he was supposes to be working. The terminated employee disagreed with the company firing him, and filed a claim with the company's dispute resolution program. The terminated employee argued that since he was a salaried sales employee, his hours varied depending on when his accounts were open. He said that working in the beer business many accounts such as bars opened at various hours of the day including some late at night. He also stated that in the past, management had allowed him to do personal things during the day while he waited for his accounts to open. It was ok ,as long as he worked a minimum of eight hours a day.After filing a claim with the dispute resolution program, you follow the process until a final decision is given by an arbitrator. At my company Anheuser-Busch there are up to three levels in the dispute resolution process. (Anheuser-Busch intranet)Level 1 - Local management ReviewEmployee presents a Notice of Dispute to immediate supervisor or local human resources representative.If agreement is not reached, dispute may be raised to higher levels of management within the employee's department or subsidiary.Specific steps of the local management review level should be obtained through the employee's human resources representative, as each subsidiary has designed their own process.Level 2 - Non-Binding MediationEmployee submits Request for Nonbinding Mediation form to the DRP Administrator within 30 calendar days of the Final Determination at Level 1.In order to proceed with nonbinding mediation, the dispute must have been submitted to Level 1 within 180 days or the applicable statute...

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